City of Wildwood, MO
St. Louis County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 1324 App. A §1003.010, 8-14-2006]
This Chapter shall be known and may be cited as "The Zoning Ordinance of Wildwood, Missouri".
[Ord. No. 1324 App. A §1003.011, 8-14-2006]
The Zoning Ordinance is adopted to promote the health, safety, morals, comfort and general welfare; to secure economic and coordinated land use; to facilitate the adequate provision of public improvements; to protect the natural environment of the community and its unique assets of trees, watercourses and floodplains and topography; and to prevent or minimize damage to public and private property from erosion and other detrimental effects of development.
[Ord. No. 1324 App. A §1003.020, 8-14-2006; Ord. No. 1528 §1, 7-14-2008; Ord. No. 1550 §1, 9-8-2008; Ord. No. 1874 §1, 6-25-2012; Ord. No. 1880 §1, 8-13-2012]
A. 
For the purpose of this Chapter, certain words and phrases are herein defined. Words and phrases defined herein shall be given the defined meaning. Words and phrases which are not defined shall be given their usual meaning except where the context clearly indicates a different or specified meaning.
B. 
Words used in the present tense shall include the future; the singular number includes the plural and the plural includes the singular; the word "dwelling" includes the word "residence"; the word "shall" is mandatory and not permissive.
C. 
The following words and phrases are defined:
ACCESSORY BUILDING
Any building, the use of which is incidental to the principal use of another structure on the same premises.
ACCESSORY DWELLING
An accessory building to a single-family dwelling, which may include accessory cooking and sanitary facilities and that is occupied as a dwelling unit by not more than two (2) persons who are related by birth, marriage or adoption to the inhabitants of the principal dwelling and which is part of a single housekeeping unit with the inhabitants of the principal dwelling.
ACCESSORY STRUCTURE
Any structure, the use of which is incidental to the principal use of another structure on the same premises.
ACCESSORY USE
A use incidental and subordinate to the principal use of the premises.
AGRICULTURAL OPERATION
Any farm used in the production or processing for commercial or similar purposes of agricultural products.
[Ord. No. 2264, 5-22-2017]
AGRICULTURAL PRODUCTS
Products which are propagated, grown and/or harvested in the City, including, but not limited to, crops, bees, honey, fish or other aquacultural product, livestock, a livestock product, a forestry product, and poultry or a poultry product, either in its natural or processed state.
[Ord. No. 2264, 5-22-2017]
AGL (ABOVE GROUND LEVEL)
Ground level shall be determined by the average elevation of the natural ground level within a radius of fifty (50) feet from the center location of measurement. The height of all wireless support structures and disguised support structures shall be measured AGL.
[Ord. No. 2417, 12-10-2018]
AIRPORT
An area of land or water that is used or intended to be used for the landing and takeoff of aircraft and includes its buildings and facilities, if any.
APARTMENT
A room or suite of rooms within a building, provided with separate cooking facilities and intended as a single dwelling unit.
AQUACULTURE
The controlled propagation, growth and harvest of fish, shellfish or other aquatic organisms for commercial purposes.
[Ord. No. 2264, 5-22-2017]
ATRIUM
An open public area within a building established principally for aesthetic purposes.
AUTOMOBILE (AUTOMOTIVE)
As used herein, the term includes passenger cars, motorcycles, vans, pickup trucks and recreational vehicles.
AWNING OR CANOPY
A structure partially or entirely supported by or attached to a wall and, which is covered by canvas, cloth, plastic or other similar temporary material, used as a protective cover for a door entrance, window or outdoor service area.
AWNING/CANOPY SIGNS
A sign painted on, printed on or otherwise affixed to the surface of an awning, canopy or similar structural protective cover over a door entrance, window or outdoor service area.
BALLOON
Any non-porous bag of light material filled with heated air, inflatable with continuous airflow or a gas lighter than air that may rise and float in the atmosphere.
BANK
An office building or portion thereof which provides for the custody, loan, exchange or issue of money, the extension of credit or facilitating the transmission of funds and which may include accessory drive-up units on the same premises.
BASE FLOOD
The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
BASEMENT
A floored and walled substructure of a building at least fifty percent (50%) below the average finished grade of the building.
BUILDING
A structure that is affixed to the land, has one (1) or more floors, one (1) or more exterior walls and a roof and is designed or intended for use as a shelter.
CEMETERY
A place for burial of the dead, including crematory facilities as an accessory use.
CHILD CARE CENTER
Facility providing care for five (5) or more children under the age of thirteen (13), not including children of a family residing on the premises, for any part of a twenty-four (24) hour day.
CHURCH
A church, synagogue, temple, mosque or other facility that has a primary use of religious worship.
CLUB
A building or a portion of a building intended to be used as a center of informal association for a selective membership not open to the general public.
COMMERCIAL VEHICLE
Any licensed or unlicensed vehicle maintained, used and intended primarily for the purpose of transporting property for financial gain or displaying any type of signage or advertisement for a general or specific type of commercial activity. A tow truck, stake-bed truck, flat-bed truck, step van, refuse or garbage truck, bus, plow or special purpose vehicle in excess of ten (10) feet in total length, and any attachments thereof, are considered to be commercial vehicles, which includes any equipment designed to dig, move, cut, bore or alter dirt, rock and/or concrete, or tracked vehicle.
1. 
All such commercial vehicles must be parked or stored in an enclosed structure that screens it from view in all compass directions, except in an emergency, when such vehicles and attachments are being used for approved work at the property or as permitted by the lot's underlying zoning district designation. In addition, no commercial vehicles shall be parked, kept or stored on any roadway or highway in a residential district between the hours of 12:00 Midnight and 6:00 A.M. of any day, except in emergency situations relating to the public's health, safety and welfare, including repairs and maintenance to property, structures and buildings caused by natural disasters and other similar circumstances that may be or are beyond the property owner's control.
2. 
This definition (and related requirements) does not apply to any type of vehicle that is maintained, used and intended to support any permitted, conditional or accessory use, including authorized home occupations, within a respective zoning district designation, where the principal dwelling or building is located upon the lot, as well as any existing legal non-conforming activity, with commercial vehicles, unless otherwise governed by Section 415.460 Non-Conforming Uses, Lands and Structures of the City of Wildwood zoning ordinance or as existing prior to 1982 as well.
3. 
Determinations relating to the definition of commercial vehicles, which for life/safety situations are sought, shall be made before the City's Board of Adjustment and follow all requirements of its processes as set forth in Chapter 400, Article II of the City of Wildwood Municipal Code[1].
COMMUNITY CENTER
A facility maintained by a public agency or by a not-for-profit community or neighborhood association primarily for social, recreational or educational needs of the community or neighborhood.
CONTINUOUS SOUND
A sound, as defined in Section 217.020 of the City Code of the City of Wildwood, emitted by one (1) or more pieces of machinery or equipment for more than sixty (60) consecutive minutes, unless such machinery or equipment is used during planting or harvesting crops.
[Ord. No. 2264, 5-22-2017]
CONVENIENCE STORE
A retail establishment having a gross floor area of five thousand (5,000) square feet or less primarily selling foods as well as other household goods customarily sold in larger food markets and supermarkets.
DEVELOPMENT
The act of changing and the state of a tract of land after its function has been purposefully changed by man including, but not limited to, structures on the land and alterations to the land.
DISGUISED SUPPORT STRUCTURE
Shall have the same meaning as under Section 430.030 of this Code.
[Ord. No. 2417, 12-10-2018]
DISTRICT
A part or parts of the unincorporated area of City of Wildwood for which the zoning ordinance establishes regulations governing the development and use of land therein.
DOMESTIC ANIMAL
Any domesticated animal, such as cattle, horses, llamas, goats, sheep, fowl or hogs, which is authorized as part of a permitted farming or related agricultural activity within the subject zoning district designation where the property is located.
DORMITORY
A building with many rooms providing sleeping and living accommodations for a number of usually unrelated persons; usually associated with an educational institution.
DWELLING
Any building or portion thereof used exclusively for human habitation, except hotels, motels or house trailers.
DWELLING, MULTIPLE-FAMILY
A building or portion thereof designed for or occupied exclusively by three (3) or more families.
DWELLING, SINGLE-FAMILY
A building designed for or occupied exclusively by one (1) family, excluding earth sheltered dwellings, provided however, notwithstanding any other provision of this Code to the contrary, for purposes of this Chapter a group home shall be included within the definition of a single-family dwelling. The presence of an accessory dwelling on the same lot shall not change the classification of the principal dwelling as a single-family dwelling.
[Ord. No. 2213 §1, 10-10-2016]
DWELLING, SINGLE-FAMILY ATTACHED
Two (2) or more single-family dwellings sharing common wall areas, each on its own individual lot.
DWELLING, SINGLE-FAMILY EARTH SHELTERED
A single-family dwelling having one-half (½) or more of its clear height below the average finished grade of the adjoining ground and in some cases having its floor at the approximate level of some other exterior grade on one (1) or more sides.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two (2) families.
DWELLING UNIT
A room or group of rooms located within a dwelling forming a habitable unit for one (1) family.
FAMILY
An individual or two (2) or more persons, excluding servants, who are related by blood, marriage or adoption or a group of not more than three (3) persons who need not be related by blood, marriage or adoption occupying a single dwelling unit or in combination with an accessory dwelling, living together and subsisting in common as a single non-profit housekeeping unit. This definition shall not exclude groups of three (3) or more persons who are required by State or Federal law to be treated as a family for residential zoning purposes. This definition expressly excludes any other group of two (2) or more persons where meals or lodging are made available in exchange for payment or other consideration.
FARM
A parcel of land used for growing or raising agricultural products, including related structures thereon.
FAST-FOOD RESTAURANT
Any establishment whose principal business is the sale of foods, frozen desserts or beverages in ready-to-consume individual servings for consumption either within the restaurant building or for carry-out and where either:
1. 
Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers and where customers are not served their food, frozen desserts or beverages by a restaurant employee at the same table or counter where the items are consumed; or
2. 
The establishment includes a drive-up or drive-through service facility or offers curb service.
FENCE, SIGHTPROOF
A fence with an opaque value of ninety percent (90%) or greater. Such structure shall not include a chain link fence in combination with slat or lattice materials.
FILLING STATION (SERVICE STATION)
Any structure or premises used for dispensing or sale, at retail, of vehicle fuels or lubricants, including lubrication of vehicles and replacement or installation of minor parts and accessories, but not primarily engaged in major repair work such as engine replacement, body and fender repair or spray painting.
FLAG
Any fabric or bunting containing distinctive colors, patterns or symbols used to identify a governmental, political or private entity.
FLOODPLAIN
That area within the City of Wildwood subject to a one percent (1%) or greater chance of flooding in any given year and such area as determined by the Director of Public Works. This area shall be designated "FP" on the City of Wildwood Zoning Map.
FLOODWAY
The area designated as floodway on the City of Wildwood Zoning Map. It is derived by determining that portion of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
FLOOR AREA, GROSS
The sum of the gross horizontal area of all floors of a building, including basement areas, as measured from the interior perimeter of exterior walls. Such area shall not include the following: interior loading and parking areas, atriums except the first (1st) floor area, rooftop mechanical equipment enclosures and the enclosed mall areas of shopping centers.
FOSTER HOME FOR HANDICAPPED CHILDREN
An institution providing sleeping and living accommodations for the full-time care, training, recreation and convalescent needs of five (5) or more physically or mentally handicapped minors.
FRONTAGE
That edge of a lot bordering a street.
GOLF COURSE
An area or course for playing golf consisting of at least nine (9) holes, except miniature golf, within which the playing area is not artificially illuminated.
GOLF, MINIATURE
A commercial recreation facility, resembling golf, containing short "holes", the majority of which are under three hundred (300) feet in length and primarily utilizing putting irons.
GROUP HOME
Any home in which eight (8) or fewer persons with disabilities reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the persons with disabilities residing in the home.
[Ord. No. 2213 §1, 10-10-2016]
GROUP HOME FOR THE ELDERLY
A facility providing twenty-four (24) consecutive hour care for at least three (3) but not more than nine (9) persons who by reason of aging require services furnished by a facility that provides shelter, board, storage and distribution of medicines and protective oversight, including care during short-term illness or recuperation. The care and supervision during the day of five (5) persons needing care other than those residing on the premises shall be considered and shall be authorized as for a group home for the elderly.
GROUP HOUSING (GROUP-HOUSE ARRANGEMENT)
Any combination of dwelling units comprised of two (2) or more residential buildings designed as a functional unit on and with the specific parcel of land on which they are to be erected.
GROUP LIVING FACILITY (DORMITORY)
A dwelling containing sleeping rooms without separate cooking facilities for a number of persons customarily unrelated but associated with an educational, religious, charitable or service institution.
GYMNASIUM
A building or portion thereof used for athletic training or sports activities, including accessory seating for spectators.
HELIPORT
A facility for the servicing, takeoff and landing of helicopters, which is open to public use.
HIGH HAZARD WATER FEATURE
Any impoundment of water that presents or causes, by its construction, retention, or existence, a risk to one (1) human life, if it were to fail, break, or otherwise collapse, thereby releasing runoff onto adjoining and adjacent parcels of ground. High hazard water features are prohibited in the City of Wildwood.
HOME IMPROVEMENT CENTER
A retail store of at least twenty thousand (20,000) square feet selling only building materials, floor and wall coverings, items designed for installation in the home and associated tools.
HOME OCCUPATION
A domestic activity carried on by members of a family residing on the premises, but excluding beauty shops, barbershops, music schools, convalescent or nursing homes, tourist homes, massage or other establishments offering services to the general public and providing that there are no signs nor any display that will indicate from the exterior of the building that it is being utilized, in whole or in part, for any purpose other than that of a dwelling; providing, also, that there is no stock in trade or commodity sold upon the premises, no person is employed other than a member of the family residing on the premises and no mechanical equipment is used except such as is customary for purely domestic or household purposes. The keeping of not more than one (1) roomer or boarder for compensation shall be considered a permitted home occupation. The care and supervision of not more than four (4) children or other persons needing care other than those residing on the premises shall be considered a permitted home occupation.
HOSPICE
Residential and care facility for the terminally ill on the premises of a hospital or nursing home and operated in conjunction therewith.
HOSPITAL
An institution providing medical and surgical care for humans only, for both in- and out-patients, including medical service, training and research facilities.
HOTEL
A building in which lodging is provided to the public usually on a transient basis.
HOTEL, MOTOR (MOTEL)
A roadside hotel for motorists.
HOUSEKEEPING UNIT
A group of people occupying a single dwelling unit or in combination with an accessory dwelling, in which all portions of the interior of the principal dwelling are accessible to and from the all other portions, with one (1) set of utility connections and common living space and who share cooking and sanitary facilities, as distinguished from a group occupying a boarding house, hotel, motel or club.
HOUSE TRAILER (MOBILE HOME)
A self-contained mobile structure intended to be used for dwelling purposes which has been or reasonably may be equipped with wheels or other devices for transporting said structure.
HOUSE TRAILER PARK
An area designed or intended to be used as a site for occupied house trailers.
INTERMITTENT LIGHTING
A method of lighting, such as for signs, where artificial or reflected light is not maintained stationary or constant in intensity or color.
JUNK YARD
A parcel of land on which waste material or inoperative vehicles and other machinery is collected, stored, salvaged or sold.
KENNEL
The use of land or buildings for the purpose of selling, breeding, boarding or training dogs or cats or both or the keeping of four (4) or more dogs over four (4) months of age or keeping six (6) or more cats over four (4) months of age or the keeping of more than five (5) dogs and cats. The word "selling", as herein used, shall not be construed to include the sale of animals four (4) months of age or younger which are the natural increase of animals kept by persons not operating a kennel as herein defined; nor shall selling be determined to include isolated sales of animals over four (4) months old by persons not operating a kennel as herein defined.
LANDING STRIP
A facility for takeoff and landing of aircraft with or without services available for aircraft, which is operated for private use.
LARGE LOT ROADWAY EASEMENT
A private thoroughfare which provides a means of access to lots within a large lot subdivision.
LARGE WATER FEATURE
An impoundment of water that exceeds one (1) acre or more in size, while also including lesser-sized areas located in the main channel of a named watershed located in the City of Wildwood. No large water feature shall be allowed to be filled by ground water resources associated with any public or private well.
LOADING SPACE
A durably dustproofed, properly graded for drainage, off-street space used for the loading and unloading of vehicles, except passenger vehicles, in connection with the use of the property on which such space is located. Each such designated space shall comply with the dimensional requirements set forth in Section 415.280 "Off-Street Parking and Loading Requirements".
LOT
A platted parcel of land intended to be separately owned, developed and otherwise used as a unit.
LOT, CORNER
A platted parcel of land abutting two (2) road rights-of-way at their intersection.
LOT (PARCEL) OF RECORD
A lot which is part of a subdivision, the plat of which has been legally approved and recorded in the office of the Recorder of Deeds of St. Louis County or a parcel of land which was legally approved and the deed recorded in the office of the Recorder of Deeds.
MAIN CHANNEL
The deepest portion of a stream, creek, bay, or strait though which the main volume or current of water flows along a downhill gradient.
MALL
An enclosed public way upon which business establishments have direct access and which serves primarily for the movement of pedestrians with trees, benches or other furnishings provided and with vehicular access prohibited, restricted or reduced so as to emphasize pedestrian use.
MATERIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:
1. 
Before the improvement or repair is started; or
2. 
If the structure has been damaged and is being restored, before the damage occurred.
For the purpose of this definition, "material improvement" is considered to occur when the first (1st) alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
1.
Any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
2.
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
MEDICAL OR DENTAL OFFICE (CLINIC)
A facility for the practice of medicine or dentistry for humans, including accessory diagnostic laboratories, but not including in-patient or overnight care or operating rooms for major surgery.
MODULAR UNIT
A prefabricated building, which arrives at its building site virtually complete, requiring only site preparation and assembly of major components, including installation on a permanent foundation.
MULTIPLE-FAMILY ACCESS EASEMENT
A private thoroughfare which provides a means of access to parking areas and bays and to abutting buildings which are developed solely or principally as multiple-family dwellings.
NATURAL AREA
An area that is substantially undisturbed by development.
NON-CONFORMING LAND USE OR STRUCTURE
A land use or structure which existed lawfully on the date that this zoning ordinance or any amendment thereto became effective and which fails to conform to one (1) or more of the applicable regulations in the zoning ordinance or amendment thereto, except minimum lot area, yard and setback requirements.
NURSERY, DAY
A building used for the supervision and care of five (5) or more preschool children, other than those of the operator, during daylight hours.
NURSERY SCHOOL
A pre-kindergarten school for children primarily between the ages of three (3) and five (5).
NURSING HOME
A building intended for use as a medical care facility for persons who need nursing care and medical service, but do not require intensive hospital care.
OFFICE
A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.
OPEN STORAGE
Storage of material or goods on the ground outside of a building.
OUTDOOR GAME COURT (SPORT COURT)
A hardscape or other surface utilized in connection with a flat game court structure for play that is somewhat removed from the single-family dwelling located on the lot, so as not to be considered a driveway or patio, given said must meet all applicable setback requirements of the property's underlying zoning district designation. This definition is to specifically include, but not be limited to, game courts, tennis courts, hockey rinks, batting cages, racquetball/handball courts, and other similar facilities. These court areas may or may not include a combination of fencing, netting, or boards for the purposes of their use.
PARCEL (TRACT) OF LAND
A separately designated area of land delineated by identifiable legally recorded boundary lines.
PARK
An area open to the general public and reserved for recreational, educational or scenic purposes.
PARKING AREA
An area of land used or intended for off-street parking facilities for motor vehicles.
PARKING SPACE
A durably dustproofed, properly graded for drainage, usable space, enclosed in a main building or in an accessory building or unenclosed, reserved for the temporary storage of one (1) vehicle and connected to a street, alley or other designated roadway by a surfaced aisle or driveway. Each such designated space shall comply with the dimensional requirements set forth in Section 415.280 "Off-Street Parking and Loading Requirements".
PARKWAY
A road or roadway intended to be used primarily for passenger vehicles and developed with a park-like or scenic character with recreational uses.
PAVE (PAVEMENT)
The act or result of applying a hard, watertight material to any ground surface in such manner as to present a uniform surface over large areas.
PERSON WITH A DISABILITY or DISABLED PERSON
Any person who is "handicapped" within the meaning of 42 U.S.C. § 3602(h) or a "qualified individual with a disability" within the meaning of 42 U.S.C. § 12131(2), as may be amended from time to time.
[Ord. No. 2213 §1, 10-10-2016]
PLANT NURSERY
A farm, garden or other cultivated land together with accessory structures designed and intended to be used only for the cultivation and sale of live vegetation.
PLAT
A subdivision of land legally approved and recorded.
PROPERTY LINE
The legally recorded boundary of a lot, tract or other parcel of land.
PUBLIC UTILITY FACILITY
Facilities of any entity holding a certificate of convenience from the Missouri Public Service Commission or other entity providing utility type services to the general public, but excluding utility poles, ground-mounted boxes and other facilities necessary for local utility service to the adjoining properties, provided that such facilities are:
1. 
Ordinarily found within the neighborhood;
2. 
Compatible in design, size and location; and
3. 
Do not exceed the structure heights of the zoning district in which they are placed and do not consume more than thirty-six (36) square feet in surface area. (Such exempted items shall be exempt from setback requirements but shall still be structures.)
PUBLIC UTILITY FACILITY, LOCAL
A public utility facility serving a local area only, such as an electric substation or a water or gas pumping or regulating station or a telephone switching center.
RESIDENCE
Any building which is designed or used exclusively for residential purposes, except hotels and motels.
RESTAURANT
An establishment or any portion thereof whose business includes the sale of food, frozen desserts or beverages in a ready-to-consume state for:
1. 
Consumption on the premises;
2. 
Carry-out;
3. 
Delivery or any combination thereof.
The interior space of such an establishment can be used for the preparation of food, as a serving area, seating/consumption area or any and all combinations thereof.
RETREAT
A building or group of buildings with designated open areas utilized and maintained for educational conclaves, seminars and similar activities by particular educational, fraternal or other groups.
RIDING STABLE
A building and designated site intended or used as a shelter for horses or ponies, which provides for commercial boarding, hire, sale or training of such animals.
ROADWAY
The entire area within public or private vehicular easement or right-of-way lines, whether improved or unimproved.
ROADWAY RIGHT-OF-WAY LINE
The boundary which divides a lot from a public or private roadway.
ROW HOUSE
Three (3) or more attached single-family dwellings each on its own plot of ground, but not necessarily on individual lots.
SALVAGE YARD
An area for the dismantling, storage and sale of inoperative, obsolete or wrecked motor vehicles, trailers and their parts.
SELF-CARE UNIT
A nursing facility located on the same premises as a full-care nursing home and providing semi-independent apartment style living accommodations for residents including separate cooking facilities for each living unit or cluster of living units.
SEMI-FINISHED MATERIAL
Material which has gone through one (1) or more stages of processing.
SETBACK (BUILDING LINE)
The required minimum distance from a road right-of-way or lot line that establishes the area within which a structure can be erected or placed, except as may be permitted elsewhere in this Chapter.
SIGHT DISTANCE TRIANGLE
The triangular area of a corner lot bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.
SIGN
Any identification, description, illustration or device, illuminated or non-illuminated, which is visible to the general public and directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, flag, banner, pennant or placard designed to advertise, identify or convey information.
[Ord. No. 2009 §§1 — 2, 4, 8-28-2014]
SIGN, ADVERTISING
A sign intended to attract general public interest concerning a commercial enterprise, product, service, industry, non-commercial activity or other activity not conducted, sold or offered on the same premises upon which the sign is erected.
SIGN, BUSINESS
A sign which gives only basic information concerning the existence of a commercial enterprise, service or other activity conducted, sold or offered on the premises upon which the sign is erected.
SIGN, DIRECTIONAL
A sign identifying entrances, exits, aisles, ramps and similar traffic-related information.
SIGN, FLAT
Any sign painted on or attached to and erected parallel to the face of a window, wall of a building or a boundary wall or fence and supported solely by the structure to which it is affixed and not extending more than twelve (12) inches vertically from the face of the structure to which it is attached.
SIGN, INFORMATION
A sign which identifies an on-site residence, non-commercial activity, including historic markers, or a sign conveying cautionary and similar information.
SIGN, MONUMENT
A sign that is permanently affixed to the ground at its base, supported entirely by a base structure at least as wide as the sign face and not mounted on a pole.
SIGN, PORTABLE
A sign that is not permanently affixed to a building, other unmovable structure or the ground.
SIGN, TEMPORARY
A sign intended for use for only a limited period of time.
SLCRO
The St. Louis County Revised Ordinances in effect on the effective date of this Chapter.
SPECIALIZED PRIVATE SCHOOLS
An institution for students at the elementary, junior or senior high level who have physical or mental characteristics which require specialized or individual instruction.
STABLE, PRIVATE
A detached building accessory to a residential use for the keeping of horses owned by the occupants of the premises and which shall not be used for any commercial purpose including the boarding, hire, sale or training of horses.
STORY
The horizontal segment of a building between the floor surface and the ceiling next above it and wholly above grade.
STREET
A paved public or private vehicular right-of-way which provides access to abutting properties from the front.
STRUCTURE
Any assembly of material forming a construction for occupancy or use, excepting, however, public utility poles of less than forty-five (45) feet in height and appurtenances thereto, provided that such utility poles shall not be deemed structures for the purposes of setback regulations, underground distribution or collection pipes or cables and underground or ground level appurtenances thereto, provided that the location of such poles or facilities have been authorized by a conditional use permit, special use permit or other express approval by the City.
SUBSTANTIAL CONSTRUCTION, DEVELOPMENT OR WORK
1. 
In a project involving structures, the completion of excavation for footings and foundations.
2. 
In a project involving no structures or insignificant structures, the completion of preliminary grading.
SUBSTANTIAL MODIFICATION
Shall have the same meaning as under Section 430.030 of this Code.
[Ord. No. 2417, 12-10-2018]
TERMINAL
A depot building or area specifically designated for the storage or transfer of persons or material or temporary storage and service of operable vehicles used in the transport of persons, goods or materials.
TOWED VEHICLE STORAGE YARD
An area for the unstacked temporary storage and sale of operative, wrecked or otherwise damaged or immobilized motor vehicles wherein each vehicle space is directly accessible to a designated aisle.
TREE MASS
Any grouping of eight (8) or more trees each having a minimum caliper size of six (6) inches or more one (1) foot above grade with no individual tree trunk farther than thirty (30) feet from another tree trunk in the group.
USE
As utilized in this Chapter, use is any functional, social or technological activity which is imposed or applied to land or to structures on the land.
VEHICLE REPAIR FACILITY
Any structure or premises conducting major vehicle repair work within enclosed service bays or stalls, including the installation or removal of engines, radiators, transmissions, differentials, fenders, doors, bumpers or other major body or mechanical parts or spray painting, but not including tire recapping or vulcanizing or the outdoor storage of wrecked or otherwise damaged and immobilized vehicles.
VEHICLE SERVICE CENTER
Any structure or premises used for the servicing and minor repair of vehicles within enclosed service bays or stalls, including diagnostic services, lubrication of vehicles and minor engine repair such as tune-ups and the sale and installation of minor parts and accessories such as tires, batteries, shock absorbers, brakes, mufflers and tail pipes. This use shall not include any establishment engaged in major repair work such as the installation or removal of engines, radiators, transmissions, differentials, fenders, doors, bumpers or other major body or mechanical parts, spray painting, tire recapping or vulcanizing or the storage of wrecked or damaged and immobilized vehicles.
VETERINARY CLINIC (ANIMAL HOSPITAL)
A facility for the practice of veterinary medicine.
WAREHOUSE
A structure for use as a storage place for goods, materials or merchandise.
WATER FEATURE
Any impoundment of water that is not a large water feature as defined herein. Examples include, but are not limited to, ponds, lakes, retention basins, and other similar features.
WIRELESS SUPPORT STRUCTURE
Shall have the same meaning as under Section 430.030 of this Code.
[Ord. No. 2417, 12-10-2018]
YARD
An open area between the structure setback lines of a lot as established by the regulations of a particular zoning district and the property lines of the same lot.
YARD, FRONT
A space extending across the entire front of a lot between the structure setback line as required by the regulations of a particular zoning district and the roadway right-of-way line.
YARD, REAR
A space opposite the front yard, extending across the entire rear of a lot between the structure setback line as required by the regulations of a particular zoning district and the rear lot line.
YARD, SIDE
A space extending between the structure setback line as required by the regulations of a particular zoning district and the side lot lines measured between the front yard and the rear yard.
[1]
This requirement was added in response to questions relating to police cars, veterinary vehicles and other like considerations that may lead to diminished services to and for the public's health, safety and welfare, but not intended to include plumbing, heating, electrical and similar type trade vans or vehicles providing twenty-four (24) hour service.
[Ord. No. 1324 App. A §1003.030, 8-14-2006]
A. 
For the purpose of this Chapter, that part of the City of Wildwood is divided into the following districts:
DISTRICT CLASSIFICATION
CODE DESIGNATION
"FP" Floodplain
"FP"
"PS" Park and Scenic
"PS"
"NU" Non-Urban Residence
"NU"
"R-1" Residence (one (1) acre)
"R-1"
"R-1A" Residence (22,000 square feet)
"R-1A"
"R-2" Residence (15,000 square feet)
"R-2"
"R-3" Residence (10,000 square feet)
"R-3"
"R-4" Residence (7,500 square feet)
"R-4"
"R-6A" Residence (4,000 square feet)
"R-6A"
"C-1" Neighborhood Shopping
"C-1"
"C-2" Shopping
"C-2"
"C-8" Planned Commercial
"C-8"
"M-1" Industrial
"M-1"
"M-3" Planned Industrial
"M-3"
B. 
The boundaries of these districts are hereby established as shown in the "St. Louis County Zoning Map", hereinafter to be known as the "City of Wildwood Zoning Map" consisting of a series of maps at a scale of one (1) inch equals two hundred (200) feet, first adopted by St. Louis County Ordinance 3552 (1965), together with all subsequent amendments thereto. All district classifications, however, need not appear on the Zoning Map at one time. Official copies of said map shall be maintained in the Department of Public Works and the Department of Planning and shall be public records. All subsequent amendments to the Zoning Maps shall be designated on said official copies. The Planning Commission may, at its discretion, cause the "City of Wildwood Zoning Map" and its official copies thereof to be photographed, microphotographed, photostated or reproduced on file, which maps when so reproduced shall be deemed to be an original record for all purposes.
C. 
Floodplain And Floodway Map. For the purpose of this Chapter and the City of Wildwood Zoning Map, the areas designated special flood hazard and floodway upon the Flood Insurance Rate Maps and Flood Boundary and Floodway Maps adopted by Chapter 1008 SLCRO, Flood Damage Prevention, as the same may be amended from time to time by ordinance, shall constitute the "FP" Floodplain District and floodway of the City of Wildwood.
[Ord. No. 1324 App. A §1003.040, 8-14-2006]
A. 
The Board of Adjustment shall interpret the provisions of this Chapter in accordance with the City of Wildwood ordinances. Any area within the geographical boundaries which is added to or becomes a part of the City of Wildwood shall be in the "NU" Non-Urban Residence District classification until changed by ordinance designating another district classification to such area.
B. 
In the event that a zoning district boundary line is shown on a Zoning District Map as following a property line or a political boundary line, the actual location of such zoning district boundary line shall govern, as determined by survey, rather than the representation of the location of said boundary line on the District Map, if there is a discrepancy between the two (2) locations.
C. 
Zoning district boundary lines shall be construed to either follow the centerlines of railroad, street or highway rights-of-way, track or lot lines or such lines extended, unless otherwise indicated.
[Ord. No. 1324 App. A §1003.050, 8-14-2006]
A. 
The use and development of land and structures within any zoning district are limited to those uses and developments set forth in those Sections of this Chapter applicable to such district. Any use not expressly listed in such zoning district Sections as a conditional use or use permitted by right in the applicable zoning district or authorized as an accessory use shall be prohibited unless the Director of Planning determines that the proposed use is sufficiently similar to a use expressly authorized in the applicable district and therefore intended to have been included within the meaning of such listed use and not otherwise prohibited or intended to be prohibited by this Chapter or other applicable regulations.
B. 
Except as provided in this Subsection, uses not listed have been determined either not to be appropriate in any district, incompatible with certain existing uses or sufficiently rare or unexpected as to be incapable of being listed at the time of adoption of this Code. Any use not shown as a use permitted by right or a conditional use or accessory use in any zoning district, but constituting a use that is required to be permitted by law, shall be authorized only in the "M-1" or "M-3" Industrial Districts located within the industrial areas of the City's Master Plan and Comprehensive Zoning Plan referred to in Section 3.9 of the City's Charter subject to the following conditions applicable to the full extent permitted by law:
1. 
The use shall be permitted only to the extent required by law to be permitted;
2. 
The use shall be approved only as a planned district use, except if by law it is required to be permitted by right;
3. 
The use shall be located no closer than one thousand (1,000) feet from any residence, residential property, park, school or church, except as may be modified by the Governing Body through a planned use procedure;
4. 
The use shall maintain a distance of at least one thousand (1,000) feet from any other such use;
5. 
No use shall occupy a structure in excess of five thousand (5,000) square feet.
[Ord. No. 1324 App. A §1003.101, 8-14-2006]
A. 
Purpose And Intent.
1. 
The flood hazard areas of Wildwood, Missouri, are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities and by the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise protected from flood damages.
2. 
This Section is therefore necessary to protect human life and health; to minimize expenditure of public money for costly flood control projects; to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; to minimize prolonged business interruptions; to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; and to help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas.
3. 
It is the purpose of this Section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion or in flood heights or velocities; to require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; to control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters; and to control filling, grading, dredging and other development which may increase erosion or flood damage.
B. 
Scope Of Provisions.
1. 
This Section contains the regulations for the "FP" Floodplain District of Wildwood. Property zoned "FP" is also zoned under another applicable district governed by the Wildwood Zoning Ordinance. The "FP" District constitutes an "overlay" district and the other applicable zoning district constitutes the underlying zoning. This Section controls in the case of any conflict between the regulations contained in this Section and the regulations otherwise applicable to any property by virtue of its "underlying" zoning.
2. 
All of the area within the "FP" District is the floodplain, as defined in this Chapter, and is subject to all of the provisions of this Section. A portion of the area within this district is designated as the floodway as established by the maps applicable to this district. Property within the floodway is subject to those provisions of this Section which so state.
C. 
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
1. 
Boat docks for other than commercial or industrial use.
2. 
Farming.
3. 
Hunting, fishing and propagation of wildlife.
4. 
Local public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be:
a. 
Adequately screened with landscaping, fencing or walls or any combination thereof; or
b. 
Placed underground; or
c. 
Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.
All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning.
5. 
Public parks.
6. 
Scenic areas.
7. 
Swimming pools.
8. 
Wildlife refuge.
9. 
Yard areas of single-family lots when a contiguous area is provided outside the limits of the 100-year floodplain that meets or exceeds the minimum lot area required by the underlying zoning district or by an applicable special procedure permit. However, in no case shall a contiguous area in excess of one (1) acre be required outside the floodplain.
D. 
Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500 "Conditional Use Permits":
1. 
Golf courses.
2. 
Outdoor archery ranges.
3. 
Public utility facilities.
4. 
Railroad tracks and associated structures.
5. 
Recreational uses such as athletic fields and picnic grounds.
E. 
Conditional Land Use And Development, Based On Underlying Zoning, Issued By The Commission. The following land uses and developments, if permitted or conditional uses in the underlying zoning district applicable to the property, may be authorized in this district under conditions and requirements specified in Section 415.500 "Conditional Use Permits":
1. 
Towed vehicle storage yards.
2. 
Open storage, not including salvage yards or junk yards.
3. 
(Reserved)
4. 
Miniature golf courses and golf driving ranges.
F. 
Accessory Land Uses And Developments.
1. 
Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:
a. 
Devices for the generation of energy, such as solar panels, wind generators or similar devices.
b. 
Individual sewage treatment facilities serving an individual non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.
2. 
Accessory uses in this district do not include residences.
G. 
Performance Standards. All uses in the "FP" Floodplain District shall operate in conformity with the appropriate performance standards contained in Section 415.250 "Zoning Performance Standard Regulations".
H. 
Height Limitations For Structures. The total height of any structure shall not exceed that permitted in the underlying zoning district, except where the use of the property includes structures restricted in height by the requirements of a conditional use permit or in the case of a wireless support structure, disguised support structure or the substantial modification thereof, subject to the provisions of Chapter 430 of the City Code.
[Ord. No. 2417, 12-10-2018]
I. 
Lot Area And Yard Requirements. The minimum lot area and yard requirements for land uses in the "FP" Floodplain District shall be as set out below:
1. 
Minimum lot area requirement.
a. 
The following permitted land uses shall be situated on tracts of land providing not less than the following areas:
USE
MINIMUM AREA
(acres)
Farming
20
Golf courses
30
b. 
Permitted and conditional land uses shall be situated on tracts of not less than the minimum lot area required by the provisions of the underlying zoning district regulations.
2. 
General yard requirements—front yard. No structure shall be allowed within twenty-five (25) feet of any roadway right-of-way line, except where a greater setback is required by the underlying district requirements.
3. 
Specific yard requirements and exceptions.
a. 
Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.
b. 
Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback.
c. 
Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback.
d. 
Any structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
e. 
No residential building or structure attached thereto shall be allowed within fifty (50) feet of the limits of the 100-year floodplain.
J. 
Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280 "Off-Street Parking and Loading Requirements".
K. 
Sign Regulations. Sign regulations are set forth in Section 415.400 "Sign Regulations".
L. 
Use And Development Of Floodway. All development or use of the floodway is prohibited.
M. 
Use And Development Under Underlying District Regulations. Property in this district may be used and developed in accordance with the regulations of the underlying zoning upon compliance with the following procedure:
1. 
The property is placed in such conditions as to effectively and without increasing the flooding problems of other properties, remove the property from flooding based on the flood elevation study approved by the United States Federal Emergency Management Agency ("FEMA") and used as basic data for determining the boundaries of the Flood Hazard Boundary Map, being the "FP" Floodplain District as governed by this Section. Effective removal of the property from flooding requires provision of adequate freeboard as determined by the City of Wildwood in light of the reasonably anticipated ultimate development of the watershed. If the standards required by this Subsection are satisfactorily met in respect to any lot or tract of land in the "FP" Floodplain District, the property may then be used for such uses and under such regulations as are contained in the district regulations of the district designated after the "FP" code designation as the underlying district for the particular property.
2. 
a. 
The property owner or user shall submit to the City of Wildwood a plan for flood protection. The plan shall be approved if its implementation would adequately protect against the amount of water that would flow past the property in cubic feet per second during the base flood, as determined by the flood elevation study approved by FEMA and used as basic data for determining the boundaries of the Flood Insurance Rate Map and the Flood Hazard Boundary Map and if the plan further demonstrates that its implementation will not increase the flooding problems of other properties. With respect to any stream for which a floodway has not been designated, except the Mississippi River, the flooding problems of other properties will be deemed increased if implementation of the plan would decrease the water storage or conveyance capacity of the stream.
b. 
The plan must include a report by a registered professional engineer of demonstrated competence in hydrology as to the adequacy of the proposed plan for flood protection relative to the elevation of the floodplain and the flow as determined in the flood elevation study approved by FEMA, the effect of the proposed improvement on the flood problems of other properties and such other hydrologic problems as may result from the improvements. Where the plan only delineates the floodplain elevation on the ground and no change or construction is proposed involving land below the floodplain elevation, the plan may be submitted under the seal of a registered land surveyor.
c. 
The City of Wildwood may require such additional data or engineering studies from the applicant as may be necessary to determine the adequacy of the proposed plan for flood protection.
N. 
Use And Development In The "FP" Floodplain District. No use or development in this district shall increase the flooding problems of other properties. Prior to any use or development of property pursuant to the permitted or conditional uses designated in this district, if such use or development involves manmade change to real property below the flood elevation, including construction or erection of any building or structure or any filling, grading, paving, mining, dredging, excavation or drilling, the following procedure shall be complied with:
1. 
The property owner or user shall submit to the City of Wildwood a development plan. The plan shall be approved if it demonstrates that its implementation will not increase the flooding problems of other properties. With respect to any stream for which a floodway has not been designated, except the Mississippi River, the flooding problems of other properties will be deemed increased if implementation of the plan would decrease the water storage or conveyance capacity of the stream.
2. 
The plan shall include a report by a registered professional engineer of demonstrated competence in hydrology as to the adequacy of the proposed plan to avoid flooding problems of other properties and such other hydrologic problems as may result from the improvements. Where the plan only delineates the floodplain elevation on the ground and no change or construction is proposed involving land below the floodplain elevation, the plan may be submitted under the seal of a registered land surveyor.
3. 
The City of Wildwood may require such additional data or engineering studies from the applicant as may be necessary to determine the adequacy of the proposed plan.
O. 
Effect Of Plan Approval.
1. 
The approval by the City of Wildwood of such plans for flood protection does not constitute a representation, guarantee or warranty of any kind by the City of Wildwood or by any officer or employee of either as to the practicality or safety of any protective measure and shall create no liability upon or cause of action against such public body, officers or employees for any damage that may result pursuant thereto.
2. 
Approval of the plan by the City of Wildwood does not relieve an owner or user from fulfilling the requirements set forth in any other City ordinance regarding construction or development within the floodplain.
P. 
In order to establish a minimum lot area outside of the floodplain, an engineer's seal and signature verifying the location of the floodplain boundary must be submitted for review and approval by the Department of Public Works. The plat must be certified by a registered professional engineer of demonstrated competence licensed to practice in the State of Missouri.
[Ord. No. 1324 App. A §1003.103, 8-14-2006]
A. 
Scope Of Provisions. This Section contains the district regulations of the "PS" Park and Scenic District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference. The "PS" Park and Scenic District encompasses land owned by public agencies or in which public agencies have some lesser legal interest, which has recreational, scenic and health value. This district may also include land having recreational, scenic and health value; when owned by not-for-profit organizations or in which such organizations have some lesser legal interest, upon the application and approval of a petition for change of zoning by such a not-for-profit organization. This district is established to preserve the community's cultural values by preserving this land in an essentially natural or native condition.
B. 
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
1. 
Fire stations.
2. 
Historic sites and buildings.
3. 
Natural or primitive areas and forests encompassed by the provisions of the Missouri State Forestry Law.
4. 
Public parks and parkways.
5. 
Wildlife habitats and fish hatcheries.
C. 
Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500 "Conditional Use Permits":
1. 
Camping, lodging, swimming, picnicking, boating, fishing, hiking and wildlife observation facilities and customary service facilities necessary to provide the direct support for such activities.
2. 
Cemeteries and mausoleums.
3. 
Golf courses and driving ranges. Miniature golf courses are excluded.
4. 
Government and civic buildings.
5. 
Public utility transmission and distribution lines and pipelines, underground and above ground, including booster stations.
6. 
Restaurants and other dining facilities.
7. 
Retreats operated by educational or other not-for-profit entities.
8. 
Sewage treatment facilities, other than facilities permitted as an accessory use.
9. 
Local public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be:
a. 
Adequately screened with landscaping, fencing or walls or any combination thereof; or
b. 
Placed underground; or
c. 
Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.
All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning.
D. 
Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:
1. 
Devices for the generation of energy, such as solar panels, wind generators and similar devices.
2. 
Dwellings, dormitories and accessory buildings and structures for the exclusive use of park operation personnel.
3. 
Individual sewage treatment facilities serving an individual dwelling or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow. However, where a treatment facility is wholly within and provides service exclusively for uses within a City or County park, an individual sewage treatment facility exceeding five thousand (5,000) gallons per day flow may be approved by the regulatory agency after receipt of a report from the Departments of Parks and Recreation and Public Works relating to the operational characteristics of the treatment facility.
4. 
Signs (directional and information).
E. 
Performance Standards. All uses in the "PS" Park and Scenic District shall operate in conformity with the appropriate performance standards contained in Section 415.250 "Zoning Performance Standard Regulations".
F. 
Height Limitations For Structures. The total height of any structure shall not exceed that permitted in Section 415.240 "Air Navigation Space Regulations".
G. 
Front Yard Requirements—General. No structure shall be allowed within twenty-five (25) feet of any roadway right-of-way line.
H. 
Specific Yard Requirements And Exceptions.
1. 
Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding a height of three (3) feet above the elevation of the street pavement shall be allowed within the sight distance triangle.
2. 
Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements.
3. 
Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback.
4. 
Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback.
5. 
Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning.
I. 
Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280 "Off-Street Parking and Loading Requirements".
J. 
Sign Regulations. Sign regulations are set forth in Section 415.400 "Sign Regulations".
[Ord. No. 1324 App. A §1003.107(K), 8-14-2006; Ord. No. 1874 §1, 6-25-2012; Ord. No. 1880 §1, 8-13-2012; Ord. No. 1934 §1, 5-13-2013]
A. 
Scope Of Provisions. This Section contains the district regulations of the "NU" Non-Urban Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference. The "NU" Non-Urban Residence District of the City of Wildwood encompasses areas within which rough natural topography, geological conditions or location in relation to urbanized areas creates practical difficulties in providing and maintaining public roads and public or private utility services and facilities. The "NU" Non-Urban Residence District, therefore, shall promote the protection and existence of a large-lot rural development pattern.
B. 
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
1. 
Churches.
2. 
Commercial vegetable and flower gardening, as well as plant nurseries and greenhouses, but not including any structure or building used as a retail or wholesale salesroom.
3. 
Dairy farming.
4. 
Dwelling, single-family.
5. 
(Reserved)
6. 
Farming, including the cultivation and sale of any plant crops and domestic animals.
7. 
Forests, wildlife reservations, as well as conservation projects.
8. 
Aquaculture.
[Ord. No. 2264, 5-22-2017]
9. 
Home occupations.
10. 
Hunting and fishing as well as propagation of wildlife of any kind.
11. 
Libraries, public or private not-for-profit.
12. 
Mausoleums or crematoriums in an existing cemetery, any other provision of the law notwithstanding, but no such structure shall be situated closer than one hundred (100) feet to any cemetery property line.
13. 
Parks, parkways and playgrounds, public or private not-for-profit.
14. 
Schools, public or private kindergarten, elementary, secondary and collegiate.
15. 
Water features determined not to be high hazard or located in the main channel of a named watershed located in the City of Wildwood. Notwithstanding the foregoing, permitting of these features shall be governed by the regulations, requirements, and standards of the Chapter 425 Grading Code of the City of Wildwood Municipal Code and be reviewed and acted upon by the Department of Public Works. These water features, herein permitted by right, shall require a Conditional Use Permit (CUP), under the regulations set forth in Section 415.500 Conditional Use Permit Procedures (CUP) of the City of Wildwood Zoning Ordinance, if the source of any of its water for developing or maintaining normal pool elevation is determined to be from a ground water source.
C. 
Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500 "Conditional Use Permits", except the specified home occupations described below which must adhere to simplified process defined in Subsections (H) and (I) of this Section:
1. 
Administrative offices and educational facilities.
2. 
Banners: sponsorship types for both public and not-for-profit uses, with a minimum of two (2) operational athletic fields on the same lot.
[Ord. No. 415.090 §1, 4-13-2015]
3. 
Bed and breakfast establishments.
4. 
Blacksmiths.
5. 
Cemeteries, including mortuaries operated in conjunction with the cemetery.
6. 
Child care centers, nursery schools and day nurseries.
7. 
Clubs, private not-for-profit.
8. 
(Reserved)
9. 
(Reserved)
10. 
Fairgrounds.
11. 
Feed or grain storage, commercial or cooperative.
12. 
Foster homes for handicapped children.
13. 
Golf courses, including practice driving tees on the same premises. Miniature golf courses and independent practice driving tees are excluded.
14. 
(Reserved)
15. 
Group homes for the elderly.
16. 
(Reserved)
17. 
Home occupations permitted by Section 415.090(H).
18. 
Large water features.
19. 
Local public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be:
a. 
Adequately screened with landscaping, fencing or walls or any combination thereof; or
b. 
Placed underground; or
c. 
Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.
d. 
All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning.
20. 
Mortuaries.
21. 
Mulching plants for trees, wood or wood waste, but not including any assembly or manufacture of a product.
22. 
Nursing homes, including assisted care living facilities (overall density of assisted care units is a function of permitted beds).
23. 
Police and fire stations.
24. 
Post offices and other government buildings.
25. 
Public utility facilities, other than local public utility facilities.
26. 
Radio, television and communication transmitting, receiving or relay towers and facilities, subject to the provisions of the Model Telecommunications Code.
27. 
Recreational camps and camping facilities.
28. 
Recreational land uses, commercial or not-for-profit.
29. 
Residential substance abuse treatment facilities.
30. 
Retreats operated by educational or other not-for-profit entities.
31. 
Riding stables, kennels and veterinary clinics.
32. 
(Reserved)
33. 
Salesrooms (retail and wholesale), when established as an accessory use to commercial gardens, plant nurseries and greenhouses, for the sale of nursery products and related items for use in preserving the life and health of such products, hand tools and plant containers. The preceding items shall not include power-driven equipment, lawn and garden furniture nor decorative accessories and fencing; however, bulk sale of sand, gravel, mulch, railroad ties or similar materials may be permitted. The salesroom may occupy all or a portion of a building.
34. 
Satellite dishes (additional to provisions of Section 415.380(R)).
35. 
Sewage treatment facilities, other than facilities permitted as an accessory use.
35a. 
Solar panels, all ground-mounted types. All roof-mounted types, if said installations are visible from an adjoining/adjacent street(s).
[Ord. No. 2028 §§1 — 2, 4, 8-25-2014]
36. 
Specialized private schools.
37. 
Wireless support structures, disguised support structures or the substantial modification thereof, subject to Chapter 430 of the City Code.
[Ord. No. 2417, 12-10-2018]
D. 
Accessory Land Uses And Developments.
1. 
Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:
a. 
Devices for the generation of energy, such as solar panels (roof-mounted types on rear and/or side of dwellings and not visible from the adjoining/adjacent street(s) only), wind generators and similar devices.
[Ord. No. 2028 §§1 — 2, 4, 8-25-2014]
(1) 
The support rack and framing that is to be installed be flush mounted on the roof of the dwelling, in association with the solar panel arrays, and match the color of the shingles or other roofing materials, as closely as possible.
(2) 
The capping of the solar panel arrays that are used in this support rack and framing be a dark color and/or match that of the roofing materials in use, as closely as possible.
(3) 
Compliance with all subdivision declarations, covenants, restrictions, or rules/regulations is required of any solar panel array installation.
(4) 
The removal of woodlands to accommodate access to the sun be minimized and comply with all City codes in this regard.
b. 
Individual sewage treatment facilities serving an individual dwelling, farm or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.
c. 
Private stables.
d. 
Signs (business, directional and information).
2. 
Accessory buildings and structures. The following supplemental regulations apply to all accessory buildings and structures authorized by this Section in addition to any other applicable restrictions:
a. 
The maximum square footage of a footprint for any accessory building and structure attributable to a specific authorized accessory use shall not exceed the lesser of the following:
(1) 
One point five percent (1.5%) of the overall lot size on which it is located for any property less than five (5) acres in size and two point five percent (2.5%) of the overall lot size on which it is located for any property greater than five (5) acres in size; or
(2) 
A maximum square footage of ten thousand eight hundred ninety (10,890) square feet; provided that either maximum standard in this Subsection may be exceed if authorized pursuant to the procedures set forth in Section 415.090(I) for the simplified conditional use permit.
b. 
Accessory buildings or structures exceeding the requirements of Subsection 415.090(D)(2)(a) above may be approved only pursuant to the procedures set forth in Section 415.090(I) for a simplified conditional use permit. Objections offered by surrounding property owners, as part of the notification requirements of the simplified conditional use permit, shall be provided in writing and based upon a definable concern such as, but not limited to, grading and land disturbance, tree removal, stormwater runoff, access, or building or structure orientation.
c. 
Accessory buildings or structures meeting the requirements of Section 415.090(D)(2)(a) above in terms of overall size of their footprint, but greater than three thousand two hundred seventy (3,270) square feet in area, shall be required to provide an additional setback distance from all property lines equal to an additional five (5) feet (not to exceed one hundred (100) total feet) of setback distance for every five hundred (500) square feet of footprint in excess of three thousand two hundred seventy (3,270) square feet in area; provided that private stables shall continue to be subject to any other the minimum setbacks as established for such use in Section 415.090(G)(4)(j). The additional setback requirements set forth in this Subsection may be modified if so authorized pursuant to the procedures set forth in Section 415.090(I) for the simplified conditional use permit.
E. 
Performance Standards. All uses in the "NU" Non-Urban Residence District shall operate in conformity with the appropriate performance standards contained in Section 415.250 "Zoning Performance Standard Regulations".
F. 
Height Limitations For Structures. The total height of any structure or building shall not exceed that permitted in Section 415.240 "Air Navigation Space Regulations". However, in no case shall the total height of any structure or building exceed sixty (60) feet in overall size, unless otherwise authorized by a conditional use permit.
G. 
Lot Area And Yard Requirements. The minimum lot area and yard requirements for land uses and developments in the "NU" Non-Urban Residence District shall be as set out below:
1. 
Minimum lot area requirements.
a. 
The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:
[Ord. No. 2213 §2, 10-10-2016]
USE
MINIMUM AREA
(acres)
Administrative offices and educational facilities—religious
4 acres
Bed and breakfast establishments
3 acres
Child care center
3 acres
Church
3 acres
Dwelling, single-family
3 acres
Home occupations not permitted by right within the district
3 acres
Local public utility facilities
1 acre
Mechanical sewage treatment facility
3 acres
Mortuary
Minimum area 3 acres (minimum of 200 feet on a State (M.H.T.D.) roadway and adjacent to existing commercial zoning district).
Residential substance abuse
3 acres (except 5 acres for a facility of more treatment facilities than 8 resident patients).
Schools
Nursery or day nursery
3 acres
Kindergarten (separate)
3 acres
Primary
5 acres
Junior high
10 acres
Senior high
20 acres
Collegiate
10 acres
b. 
Any lot or tract of record on the effective date of this Chapter, which contains less than three (3) acres, may be used as a site for one (1) single-family dwelling together with customary accessory structures and uses.
c. 
Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).
d. 
Mechanical sewage treatment facilities may be located on tracts of land less than three (3) acres in area where the facility is located on platted common land within a subdivision. The minimum lot area, however, shall in no case be less than ten thousand (10,000) square feet.
e. 
Police and fire stations and post offices and other government buildings as approved by the Planning and Zoning Commission via a conditional use permit may be established on tracts of land of less than five (5) acres where the related parking needs, outdoor facilities and size of buildings are deemed consistent with the intensity of the land use in the neighborhood of these uses, except no such parcel of ground shall be less than two (2) acres in overall size.
f. 
All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.
2. 
Creation of new lots. No lawful new lots shall be created of less than three (3) acres in area, except local public utility facilities. Lots of less than three (3) acres in area, created for the above use, shall not be used for any other use. In the event the permitted use terminates, the lot shall be established as common ground for an adjacent development or combined with an adjacent parcel or parcels by means of a boundary adjustment. Prior to the approval of a subdivision record plat creating a lot of less than three (3) acres, a deed or other legal instrument must be approved by the City Attorney and recorded with the St. Louis County Recorder of Deeds, which guarantees the required transfer of the property in the event the permitted use is terminated with a copy to be filed with the City of Wildwood.
3. 
Minimum yard requirements—general.
a. 
Front yard. No structure shall be allowed within fifty (50) feet of any roadway right-of-way line or large lot roadway easement.
b. 
Side and rear yard. No structure shall be allowed within thirty (30) feet of any property line other than a roadway right-of-way line or large lot roadway easement.
4. 
Specific yard requirements and exceptions.
a. 
Notwithstanding any other provisions of this Chapter, on corner lots no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.
b. 
Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements.
c. 
Permitted information signs, six (6) feet or less in height are allowed within the minimum front yard setback.
d. 
Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback or sight distance triangle.
e. 
A permitted freestanding business sign may be located no closer than twenty-five (25) feet from any roadway right-of-way line.
f. 
Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning. Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
g. 
In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than seventy-five (75) feet be required.
h. 
If a lot of record existing on the effective date of this Chapter has a width of one hundred (100) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
i. 
Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
j. 
No private stable shall be allowed within one hundred (100) feet of any property line. Affiliated pasture areas shall be fenced.
5. 
Maximum height and minimum yard requirements for nursing homes.
a. 
No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
b. 
No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.
c. 
Limited service and retail commercial uses not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber and beauty shop, food or drug store, laundry or dry cleaning pickup and a newspaper stand and card shop.
6. 
Maximum density, maximum height and minimum yard area for residential substance abuse treatment facilities.
a. 
Densities shall not exceed eight (8) resident patients and two (2) house parents or support staff per facility for lots less than five (5) acres.
b. 
No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
c. 
No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.
d. 
Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.
H. 
Certain Allowable Uses, Characteristics Of The Use And Percent Of Principal Structure Devoted To Home Occupations Authorized By A Conditional Use Permit.
1. 
The following certain home businesses may be authorized by a conditional use permit: computer programmers, phone solicitors, single-tenant offices for accountants, bookkeepers, architects, engineers, planners, financial consultants, income tax preparers, insurance salespersons, lawyers and real estate appraisers; studios or work facilities for artists, candy makers, dressmakers, tailors, music teachers, dance teachers, tutors, typists, craft makers and stenographers; data transcribers and mail order operations. Additional uses may be considered and authorized by the Director of Planning, when such activities are determined to have similar or like characteristics to those listed above; exhibit a comparable level of activity; and will not cause harm to adjoining properties by their existence.
2. 
The use, when authorized, shall remain secondary to the principal use of the property and shall not exceed the scale of it. To maintain the appropriate scale relative to these uses, the following minimum conditions shall be adhered to by the owner/operator of the home occupation: any exterior portion of a structure shall be of a residential character and style which is compatible with existing character of the neighborhood if altered or expanded to accommodate the home occupation; the addition of any outbuilding to be used in conjunction with the operation of the authorized home occupation shall replicate the architectural style of the principal building; no outdoor storage of products or materials shall be authorized as part of any operation and all activities shall be conducted indoors; no more than one (1) employee of the authorized home occupation shall not be other than a family member who resides on the premise; no business signs shall be authorized in conjunction with this home occupation; no more than two (2) patrons may visit the business at any given time and no more than five (5) per day in total; and patron hours shall be limited to 7:00 A.M. to 9:00 P.M. Monday through Friday only with limited hours on Saturdays from 9:00 A.M. to 1:00 P.M. and no hours on Sundays. Patrons shall include customers, delivery persons and suppliers. Other restrictions may be placed upon the use as part of the approval of the conditional use permit.
3. 
The use of the principal building and related outbuildings for the authorized activity shall be limited to not more than twenty-five percent (25%) of the overall floor area of all structures on the site.
4. 
The operation of a home occupation shall not create any noise, vibration, fumes, odor, heat, glare or any kind of interference that can be reasonably detected beyond the property line of the subject site or create disturbance for adjoining parcels of ground. "Reasonably detected", for the purposes of this Chapter, shall be interpreted to mean compliance with the Section 415.250 "Zoning Performance Standards Regulations" of the City of Wildwood's Zoning Code.
5. 
The home occupation authorized on the property shall provide adequate off-street parking for their projected clientele and deliveries, but parking area and design shall be limited to the type normally associated with residential areas and deliveries to the site shall be limited to single axle vehicles normally used in residential areas.
6. 
The operator of any permitted home occupation authorized under this simplified process must establish and maintain permanent residency (domicile) in the principal structure at all times during its use for this activity.
7. 
The use or display of any advertising or commercial devices, contrivances, reader boards, inflatable aides or lights upon any personal vehicle, tree or other structure or object located on the property is prohibited. No commercial vehicles shall be parked outdoors in conjunction with this use.
8. 
Nothing herein shall require a conditional use permit for a lawful home occupation otherwise authorized under this Code as a permitted use.
I. 
Simplified Conditional Use Permit Application Process For Certain Home Occupations. Conditional uses for home occupations authorized by Subsection (H) shall adhere to this review and approval process:
1. 
The operator shall complete an application form provided by the City certifying compliance with all applicable requirements of Subsection (H). Included with this application shall be a filing fee of one hundred dollars ($100.00) for processing and notification costs or such other amount set by the Director of Planning to reimburse for such actual costs.
2. 
The operator shall provide to the Department of Planning for its review and approval a plot plan indicating all property boundaries, access to the site, proposed off-street parking areas, provision of sanitary sewer service and any other site characteristics relative to the use of the property for a home occupation. Along with this plot plan, the owner/operator of the proposed home occupation shall provide verification to the Department of Planning from the Trustee Association of the subdivision of their notification regarding this request, if applicable.
3. 
The request for a simplified conditional use permit shall be posted on the subject site for a period of fifteen (15) days before action is taken on the request by the Department of Planning. The request for the simplified conditional use permit shall also be mailed to all property owners within a radius of five hundred (500) feet of the site for comment.
4. 
The Department of Planning shall not issue a simplified conditional use permit if comments are received within the fifteen (15) day comment period in writing in opposition to the request. If comments are received on the request, the applicant must proceeded through the hearing process before the Planning and Zoning Commission as described in Section 415.500 "Conditional Use Permit Procedure", except that no additional fee will be required nor the submittal of further plan information. All notification procedures must be repeated again as part of the Planning and Zoning Commission's review.
5. 
If no comments are received within fifteen (15) day review period, the Department of Planning shall approve, deny or conditionally approve a simplified conditional use permit to the applicant based upon the requirements of this Section and the findings that would or otherwise be required by Section 415.500. The additional conditions that may be placed on the operation of the home occupation may be imposed to ensure the use of property is in keeping with the surrounding residential character of the area.
6. 
The Department of Planning may, upon appropriate justification, deny said request for an expanded home occupation, if site or area conditions should warrant it. Appeal of this decision may be filed with the Planning and Zoning Commission.
J. 
Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280 "Off-Street Parking and Loading Requirements".
K. 
Sign Regulations. Sign regulations are set forth in Section 415.400, Sign regulations—General, and applicable to banners, sponsorship types, which must minimally comply with such, along with any requirements established in an application-specific conditional use permit (CUP).
[Ord. No. 415.090 §1, 4-13-2015]
L. 
Outdoor Game Courts. An outdoor game court shall not be authorized by the City without the proper netting, fencing, and/or boarding, as set forth by the manufacturers' specifications for said facility, as a minimum, to control the flight of projectiles from it onto neighboring properties. This netting, fencing, or boarding shall not be placed in the structure setback areas of the lot, nor exceed ten (10) feet in height, unless otherwise prohibited by private subdivision restrictions in place, and be of a color to minimize its visibility (along with being designed to be collapsible or removable, when the court is not in use). This netting, fencing, or boarding requirement shall be indicated on submitted plans to the City and no authorization shall be granted by the Department of Planning until this component of the court is satisfactorily met and the officers of the applicable homeowners' association have approved it as well. While it is expected this netting, fencing, or boarding will be used in conjunction with landscaping, which is required in Subdivision (1) below, in unique or hardship circumstances, landscaping may be used as a substitute to this required netting, fencing, or boarding, but said substitution is at the discretion of the Department of Planning, and must comply with the City's landscape manual for types, quantities, and locations. Additionally, said structure shall comply with the following:
1. 
Outdoor game courts shall require landscaping and be in accordance with the requirements of the City's Tree Manual and Sustainable Plantings Guide. The design of this landscaping plan shall be part of the property owner's submittal for authorization and be reviewed at that time. The planting pattern to create a screen must be designed by a landscape architect and submitted to the City for review and action, as part of the overall permitting process.
2. 
All plans submitted for the authorization of outdoor game courts shall indicate all in place stormwater improvements and any easements that exist on the lot.
3. 
No portion of an outdoor game court area shall be situated in the front yard of a lot, as defined by the application of the corresponding setback(s) required of the zoning district designation in place upon said parcel of ground.
4. 
Lighting of these facilities may be authorized upon "NU" Non-Urban Residence District zoned properties, but must comply with the City's outdoor lighting requirements. Light standards in association with these facilities shall not exceed sixteen (16) feet in height, but shall always be at the least height necessary to accommodate the safe and functional use of the facility.
5. 
As defined herein, any outdoor game court shall be required to receive approval of its location on the subject lot by the City of Wildwood Planning and Zoning Commission. This review shall be conducted upon a plan submitted by the petitioner to the Planning and Zoning Commission, which can alter the outdoor game court's location and/or orientation, based upon site and area characteristics, which would include, but not be limited to, the expected flight of projectiles from the structure, but, in no circumstance, authorize its encroachment into the lot's established setback areas.
[Ord. No. 1324 App. A §1003.110, 8-14-2006]
The Urban Residence District regulations of the City of Wildwood as differentiated herein and the district locations as shown on the set of maps titled "City of Wildwood Zoning Map" reflect the wide variety of physical and social conditions and characteristics found in the City of Wildwood to the extent that the range of such conditions and characteristics can be divided into meaningful categories. It is the purpose of these regulations to encourage the creation and maintenance of stable and enduring residential communities by establishing limitations on the use and character of development of land so as to take advantage of, or to avoid conflicts with, natural topography, existing developments, arrangements and location of existing or planned community facilities and social needs of the community.
[Ord. No. 1324 App. A §1003.111, 8-14-2006; Ord. No. 1874 §1, 6-25-2012; Ord. No. 1880 §1, 8-13-2012; Ord. No. 1934 §1, 5-13-2013]
A. 
Scope Of Provisions. This Section contains the district regulations of the "R-1" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.
B. 
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
1. 
Churches.
2. 
Commercial vegetable and flower gardening as well as plant nurseries and greenhouses, but not including any structure or building used as a retail or wholesale salesroom.
3. 
Dwellings, single-family.
4. 
Farming, including the cultivation and sale of any plant crops and domestic animals.
5. 
Forests and wildlife reservations as well as conservation projects.
6. 
(Reserved)
7. 
Home occupations.
8. 
Libraries, public or private not-for-profit.
9. 
Parks, parkways and playgrounds, public or private not-for-profit.
10. 
Schools, public or private kindergarten, elementary, secondary and collegiate.
11. 
Water features determined not to be high hazard or located in the main channel of a named watershed located in the City of Wildwood. Notwithstanding the foregoing, permitting of these features shall be governed by the regulations, requirements, and standards of the Chapter 425 Grading Code of the City of Wildwood Municipal Code and be reviewed and acted upon by the Department of Public Works. These water features, herein permitted by right, shall require a Conditional Use Permit (CUP), under the regulations set forth in Section 415.500 Conditional Use Permit Procedures (CUP) of the City of Wildwood Zoning Ordinance, if the source of any of its water for developing or maintaining normal pool elevation is determined to be from a ground water source.
C. 
Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500 "Conditional Use Permits":
1. 
Administrative offices and educational facilities for religious purposes.
2. 
Aquaculture.
[Ord. No. 2264, 5-22-2017[1]]
[1]
Editor's Note: Ord. No. 2264 also changed the title of this Section to include "One Acre" following "R-1."
3. 
Cemeteries and mausoleums, including mortuaries operated in conjunction with the cemetery or mausoleum.
4. 
Child care centers, nursery schools and day nurseries.
5. 
Private not-for-profit clubs, private not-for-profit recreational land uses and community centers.
6. 
Dairy farms.
7. 
(Reserved)
8. 
Foster homes for handicapped children.
9. 
Golf courses, including practice driving tees, miniature golf courses and independent practice driving tees.
10. 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection (C)(10) regarding group homes of the developmentally disabled was repealed 10-10-2016 by §3 of Ord. No. 2213.
11. 
Group homes for the elderly.
12. 
Large water features.
13. 
Local public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be:
a. 
Adequately screened with landscaping, fencing or walls or any combination thereof; or
b. 
Placed underground; or
c. 
Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.
All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. Utility lines shall be placed underground except where expressly approved to the contrary by a conditional use permit.
14. 
Mortuaries.
15. 
Nursing homes.
16. 
Police and fire stations.
17. 
Public utility facilities.
18. 
Radio, television and communication transmitting, receiving or relay towers and facilities.
19. 
Residential substance abuse treatment facilities.
20. 
Retreats operated by educational or other not-for-profit entities.
21. 
Riding stables and kennels.
22. 
Salesrooms (retail and wholesale) for commercial gardens, plant nurseries and greenhouses.
23. 
Satellite dishes (see provisions of Section 415.380(R)).
24. 
Sewage treatment facilities, other than facilities permitted as an accessory use.
24a. 
Solar panels, all ground-mounted types. All roof-mounted types, if said installations are visible from an adjoining/adjacent street(s).
[Ord. No. 2028 §§1 — 2, 4, 8-25-2014]
25. 
Specialized private schools.
26. 
Wireless support structures, disguised support structures or the substantial modification thereof.
[Ord. No. 2417, 12-10-2018]
D. 
Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:
1. 
Devices for the generation of energy, such as solar panels (roof-mounted types on rear and/or side of dwellings and not visible from the adjoining/adjacent street(s) only), wind generators and similar devices.
[Ord. No. 2028 §§1 — 2, 4, 8-25-2014]
a. 
The support rack and framing that is to be installed be flush mounted on the roof of the dwelling, in association with the solar panel arrays, and match the color of the shingles or other roofing materials, as closely as possible.
b. 
The capping of the solar panel arrays that are used in this support rack and framing be a dark color and/or match that of the roofing materials in use, as closely as possible.
c. 
Compliance with all subdivision declarations, covenants, restrictions, or rules/regulations is required of any solar panel array installation.
d. 
The removal of woodlands to accommodate access to the sun be minimized and comply with all City codes in this regard.
2. 
Individual sewage treatment facilities serving an individual dwelling, farm or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.
3. 
Private stables.
4. 
Signs (business, directional and information).
5. 
Buildings or structures that comply with the following size or extent requirements: No accessory building or structure shall exceed the following:
a. 
An overall size of three thousand five hundred (3,500) square feet in area;
b. 
An area of more than ten percent (10%) of the overall area of the lot where it is located; or
c. 
The area of the footprint of the principal single-family dwelling located on the lot.
E. 
Performance Standards. All uses in the "R-1" Residence District shall operate in conformity with the appropriate performance standards contained in Section 415.250 "Zoning Performance Standard Regulations".
F. 
Height Limitations For Structures. The maximum height of structures in the "R-1" Residence District shall be as set out below:
[Ord. No. 2417, 12-10-2018]
1. 
No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or thirty-five (35) feet in height, whichever is less.
2. 
Radio, television, public utility and communication transmitting, receiving or relay towers, wireless support structures or disguised support structures may be erected, or substantially modified, to any height as authorized by Chapter 430 of the City Code not in conflict with the provisions of Section 415.240 "Air Navigation Space Regulations."
3. 
All other structures shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 415.240 "Air Navigation Space Regulations."
G. 
Lot Area, Yard And Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-1" Residence District as well as the maximum density of nursing home self-care units shall be as set out below:
1. 
Minimum lot area requirements.
a. 
The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:
[Ord. No. 2213 §4, 10-10-2016]
USE
MINIMUM AREA
Administrative office and educational facilities—religious
3 acres
Child care center
1 acre
Church
3 acres
Dwelling, single-family
1 acre
Kennel
3 acres
Library
3 acres
Local public utility facilities
1 acre
Mortuary
Minimum area 3 acres (minimum of 200 feet on a State (M.H.T.D.) roadway and adjacent to existing commercial zoning district)
Residential substance abuse treatment facilities
3 acres (except 5 acres for a facility of more than 8 resident patients)
Schools
Nursery or day nursery
1 acre
Kindergarten (separate)
3 acres
Primary
5 acres
Junior high
10 acres
Senior high
20 acres
Collegiate
10 acres
b. 
Any lot or tract of record on the effective date of this Chapter, which contains less than one (1) acre, may be used as a site for one (1) single-family dwelling together with accessory structures and uses.
c. 
Foster homes for handicapped children and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a conditional use permit, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than one (1) acre.
d. 
Police and fire stations as approved by the Planning Commission via a conditional use permit may be established on tracts of less than five (5) acres where the related parking needs, outdoor facilities and size of buildings are deemed consistent with the intensity of land use in the neighborhood of these uses.
e. 
Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).
f. 
All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.
2. 
Creation of new lots. No new lots shall be created of less than one (1) acre in area.
3. 
Minimum yard requirements—general.
a. 
Front yard. No structure shall be allowed within thirty (30) feet of any roadway right-of-way line.
b. 
Side yard. No structure shall be allowed within fifteen (15) feet of any side property line.
c. 
Rear yard. No structure shall be allowed within thirty (30) feet of any rear property line.
4. 
Specific yard regulations and exceptions.
a. 
Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.
b. 
Walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements.
c. 
Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback.
d. 
Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback.
e. 
Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning. Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
f. 
In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.
g. 
If a lot of record existing on the effective date of this Chapter has a width of seventy-five (75) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
h. 
Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
i. 
No private stable shall be allowed within one hundred (100) feet of any property line. Affiliated pasture areas shall be fenced.
5. 
Maximum density, maximum height and minimum yard requirements for nursing homes.
a. 
Densities of self-care units shall not exceed ten (10) units per acre.
b. 
No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
c. 
No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.
d. 
Accessory commercial uses in the form of limited service and retail commercial uses not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication through signs or other devices on the exterior that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber and beauty shop, food or drug store, laundry or dry cleaning pickup and a newspaper stand and card shop.
6. 
Maximum density, maximum height and minimum yard area for residential substance abuse treatment facilities.
a. 
Densities shall not exceed eight (8) resident patients and two (2) house parents or support staff per facility for lots less than five (5) acres.
b. 
No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
c. 
No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.
d. 
Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.
H. 
Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280 "Off-Street Parking and Loading Requirements".
I. 
Sign Regulations. Sign regulations are set forth in Section 415.400 "Sign Regulations".
J. 
Outdoor Game Courts. An outdoor game court shall not be authorized by the City without the proper netting, fencing, and/or boarding, as set forth by the manufacturers' specifications for said facility, as a minimum, to control the flight of projectiles from it onto neighboring properties. This netting, fencing, or boarding shall not be placed in the structure setback areas of the lot, nor exceed ten (10) feet in height, unless otherwise prohibited by private subdivision restrictions in place, and be of a color to minimize its visibility (along with being designed to be collapsible or removable, when the court is not in use). This netting, fencing, or boarding requirement shall be indicated on submitted plans to the City and no authorization shall be granted by the Department of Planning, until this component of the court is satisfactorily met and the officers of the applicable homeowners' association have approved it as well. While it is expected this netting, fencing, or boarding will be used in conjunction with landscaping, which is required in Subdivision (1) below, in unique or hardship circumstances, landscaping may be used as a substitute to this required netting, fencing, or boarding, but said substitution is at the discretion of the Department of Planning, and must comply with the City's landscape manual for types, quantities, and locations. Additionally, said structure shall comply with the following:
1. 
Outdoor game courts shall require landscaping and be in accordance with the requirements of the City's Tree Manual and Sustainable Plantings Guide. The design of this landscaping plan shall be part of the property owner's submittal for authorization and be reviewed at that time. The planting pattern to create a screen must be designed by a landscape architect and submitted to the City for review and action, as part of the overall permitting process.
2. 
All plans submitted for the authorization of outdoor game courts shall indicate all in place stormwater improvements and any easements that exist on the lot.
3. 
No portion of an outdoor game court area shall be situated in the front yard of a lot, as defined by the application of the corresponding setback(s) required of the zoning district designation in place upon said parcel of ground.
4. 
The installation of lighting as part of any outdoor game court shall be prohibited in all "R" Residential District zoned properties located within the City of Wildwood.
5. 
As defined herein, any outdoor game court shall be required to receive approval of its location on the subject lot by the City of Wildwood Planning and Zoning Commission. This review shall be conducted upon a plan submitted by the petitioner to the Planning and Zoning Commission, which can alter the outdoor game court's location and/or orientation, based upon site and area characteristics, which would include, but not be limited to, the expected flight of projectiles from the structure, but, in no circumstance, authorize its encroachment into the lot's established setback areas.
[Ord. No. 1324 App. A §1003.112, 8-14-2006; Ord. No. 1874 §1, 6-25-2012; Ord. No. 1880 §1, 8-13-2012; Ord. No. 1934 §1, 5-13-2013]
A. 
Scope Of Provisions. This Section contains the district regulations of the "R-1A" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.
B. 
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
1. 
Churches.
2. 
Dwellings, single-family.
3. 
Forests and wildlife reservations, as well as conservation projects.
4. 
(Reserved)
5. 
Home occupations.
6. 
Libraries, public or private not-for-profit.
7. 
Parks, parkways and playgrounds, public or private not-for-profit.
8. 
Schools, public or private kindergarten, elementary, secondary and collegiate.
9. 
Water features determined not to be high hazard or located in the main channel of a named watershed located in the City of Wildwood. Notwithstanding the foregoing, permitting of these features shall be governed by the regulations, requirements, and standards of the Chapter 425 Grading Code of the City of Wildwood Municipal Code and be reviewed and acted upon by the Department of Public Works. These water features, herein permitted by right, shall require a Conditional Use Permit (CUP), under the regulations set forth in Section 415.500 Conditional Use Permit Procedures (CUP) of the City of Wildwood Zoning Ordinance, if the source of any of its water for developing or maintaining normal pool elevation is determined to be from a ground water source.
C. 
Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500 "Conditional Use Permits":
1. 
Child care centers, nursery schools and day nurseries.
2. 
Private not-for-profit clubs, private not-for-profit recreational land uses and community centers.
3. 
Foster homes for handicapped children.
4. 
(Reserved)
5. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (C)(5) regarding group homes of the developmentally disabled was repealed 10-10-2016 by §5 of Ord. No. 2213.
6. 
Group homes for the elderly.
7. 
Large water features.
8. 
Local public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be:
a. 
Adequately screened with landscaping, fencing or walls or any combination thereof; or
b. 
Placed underground; or
c. 
Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.
All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. Utility lines shall be placed underground except where expressly approved to the contrary by a conditional use permit.
9. 
Mortuaries.
10. 
Nursing homes.
11. 
Police and fire stations.
12. 
Public utility facilities, other than local public utility facilities.
13. 
Residential substance abuse treatment facilities.
14. 
Retreats operated by educational or other not-for-profit entities.
15. 
Satellite dishes (see provisions of Section 415.380(R)).
16. 
Sewage treatment facilities, other than facilities permitted as an accessory use.
16a. 
Solar panels, all ground-mounted types. All roof-mounted types, if said installations are visible from an adjoining/adjacent street(s).
[Ord. No. 2028 §§1 — 2, 4, 8-25-2014]
17. 
Specialized private schools.
D. 
Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:
1. 
Devices for the generation of energy, such as solar panels (roof-mounted types on rear and/or side of dwellings and not visible from the adjoining/adjacent street(s) only), wind generators and similar devices.
[Ord. No. 2028 §§1 — 2, 4, 8-25-2014]
a. 
The support rack and framing that is to be installed be flush mounted on the roof of the dwelling, in association with the solar panel arrays, and match the color of the shingles or other roofing materials, as closely as possible.
b. 
The capping of the solar panel arrays that are used in this support rack and framing be a dark color and/or match that of the roofing materials in use, as closely as possible.
c. 
Compliance with all subdivision declarations, covenants, restrictions, or rules/regulations is required of any solar panel array installation.
d. 
The removal of woodlands to accommodate access to the sun be minimized and comply with all City codes in this regard.
2. 
Individual sewage treatment facilities serving an individual dwelling or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.
3. 
Private stables.
4. 
Signs (directional and information).
5. 
Buildings or structures that comply with the following size or extent requirements: No accessory building or structure shall exceed the following:
a. 
An overall size of three thousand five hundred (3,500) square feet in area;
b. 
An area of more than ten percent (10%) of the overall area of the lot where it is located; or
c. 
The area of the footprint of the principal single-family dwelling located on the lot.
E. 
Performance Standards. All uses in the "R-1A" Residence District shall operate in conformity with the appropriate performance standards contained in Section 415.250 "Zoning Performance Standard Regulations".
F. 
Height Limitations For Structures. The maximum height of structures in the "R-1A" Residence District shall be as set out below:
[Ord. No. 2417, 12-10-2018]
1. 
No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or forty-five (45) feet in height, whichever is less.
2. 
All other structures, other than a public utility tower authorized by a conditional use permit or a wireless support structure, disguised support structure or substantial modification thereof subject to Chapter 430 of the City Code, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 415.240 "Air Navigation Space Regulations."
G. 
Lot Area, Yard And Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-1A" Residence District as well as the maximum density of nursing home self-care units shall be as set out below:
1. 
Minimum lot area requirements.
a. 
The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:
[Ord. No. 2213 §6, 10-10-2016]
USE
MINIMUM AREA
Child care center
30,000 square feet
Church
3 acres
Dwelling, single-family
22,000 square feet
Library
1 acre
Local public utility facilities
10,000 square feet
Mortuary
Minimum area 3 acres (minimum of 200 feet on a State (M.H.T.D.) roadway and adjacent to existing commercial zoning district)
Residential substance abuse treatment facilities
3 acres (except 5 acres for a facility of more than 8 resident patients)
Schools
Nursery or day nursery
22,000 square feet
Kindergarten (separate)
1 acre
Primary
5 acres
Junior high
10 acres
Senior high
20 acres
Collegiate
10 acres
b. 
Any lot or tract of record on the effective date of this Chapter, which contains less than twenty-two thousand (22,000) square feet, may be used as a site for one (1) single-family dwelling together with accessory structures and uses.
c. 
Foster homes for handicapped children and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a conditional use permit, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than twenty-two thousand (22,000) square feet.
d. 
Police and fire stations as approved by the Planning Commission via a conditional use permit may be established on tracts of less than five (5) acres where the related parking needs, outdoor facilities and size of buildings are deemed consistent with the intensity of land use in the neighborhood of these uses.
e. 
Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).
f. 
All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.
2. 
Creation of new lots. No new lots shall be created of less than twenty-two thousand (22,000) square feet in area except for fire stations, police stations and local public utility facilities. Lots of less than twenty-two thousand (22,000) square feet, created for the above uses, shall not be used for any other use and, in the event the permitted use terminates, the lot shall be established as common ground for an adjacent development or combined with an adjacent parcel or parcels by means of a boundary adjustment. Prior to the approval of a subdivision record plat creating a lot of less than one (1) acre, a deed or other legal instrument must be approved by the City Attorney and recorded with the St. Louis County Recorder of Deeds, which guarantees the required transfer of the property in the event the permitted use is terminated, with a copy to be filed with the City of Wildwood.
3. 
Minimum yard requirements—general.
a. 
Front yard. No structure shall be allowed within twenty-five (25) feet of any roadway right-of-way line.
b. 
Side yard. No structure shall be allowed within twelve (12) feet of any side property line.
c. 
Rear yard. No structure shall be allowed within thirty (30) feet of any rear property line.
4. 
Specific yard requirements and exceptions.
a. 
Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.
b. 
Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements.
c. 
Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback.
d. 
Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback.
e. 
Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning. Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
f. 
In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.
g. 
If a lot of record existing on the effective date of this Chapter has a width of seventy (70) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
h. 
Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
i. 
No private stable shall be allowed within one hundred (100) feet of any property line. Affiliated pasture areas shall be fenced.
5. 
Maximum density, maximum height and minimum yard requirements for nursing homes.
a. 
Densities of self-care units shall not exceed ten (10) units per acre.
b. 
No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
c. 
No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.
d. 
Accessory commercial uses in the form of limited service and retail commercial uses not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber and beauty shop, food or drug store, laundry or dry cleaning pickup and a newspaper stand and card shop.
6. 
Maximum density, maximum height and minimum yard area for residential substance abuse treatment facilities.
a. 
Densities shall not exceed eight (8) resident patients and two (2) house parents or support staff per facility for lots less than five (5) acres.
b. 
No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
c. 
No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.
d. 
Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.
H. 
Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280 "Off-Street Parking and Loading Requirements".
I. 
Sign Regulations. Sign regulations are set forth in Section 415.400 "Sign Regulations".
J. 
Outdoor Game Courts. An outdoor game court shall not be authorized by the City without the proper netting, fencing, and/or boarding, as set forth by the manufacturers' specifications for said facility, as a minimum, to control the flight of projectiles from it onto neighboring properties. This netting, fencing, or boarding shall not be placed in the structure setback areas of the lot, nor exceed ten (10) feet in height, unless otherwise prohibited by private subdivision restrictions in place, and be of a color to minimize its visibility (along with being designed to be collapsible or removable, when the court is not in use). This netting, fencing, or boarding requirement shall be indicated on submitted plans to the City and no authorization shall be granted by the Department of Planning, until this component of the court is satisfactorily met and the officers of the applicable homeowners' association have approved it as well. While it is expected this netting, fencing, or boarding will be used in conjunction with landscaping, which is required in Subdivision (1) below, in unique or hardship circumstances, landscaping may be used as a substitute to this required netting, fencing, or boarding, but said substitution is at the discretion of the Department of Planning, and must comply with the City's landscape manual for types, quantities, and locations. Additionally, said structure shall comply with the following:
1. 
Outdoor game courts shall require landscaping and be in accordance with the requirements of the City's Tree Manual and Sustainable Plantings Guide. The design of this landscaping plan shall be part of the property owner's submittal for authorization and be reviewed at that time. The planting pattern to create a screen must be designed by a landscape architect and submitted to the City for review and action, as part of the overall permitting process.
2. 
All plans submitted for the authorization of outdoor game courts shall indicate all in place stormwater improvements and any easements that exist on the lot.
3. 
No portion of an outdoor game court area shall be situated in the front yard of a lot, as defined by the application of the corresponding setback(s) required of the zoning district designation in place upon said parcel of ground.
4. 
The installation of lighting as part of any outdoor game court shall be prohibited in all "R" Residential District zoned properties located within the City of Wildwood.
5. 
As defined herein, any outdoor game court shall be required to receive approval of its location on the subject lot by the City of Wildwood Planning and Zoning Commission. This review shall be conducted upon a plan submitted by the petitioner to the Planning and Zoning Commission, which can alter the outdoor game court's location and/or orientation, based upon site and area characteristics, which would include, but not be limited to, the expected flight of projectiles from the structure, but, in no circumstance, authorize its encroachment into the lot's established setback areas.
[Ord. No. 1324 App. A §1003.113, 8-14-2006; Ord. No. 1874 §1, 6-25-2012; Ord. No. 1880 §1, 8-13-12; Ord. No. 1934 §1, 5-13-2013]
A. 
Scope Of Provisions. This Section contains the district regulations of the "R-2" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.
B. 
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
1. 
Churches.
2. 
Dwellings, single-family.
3. 
Forests and wildlife reservations as well as conservation projects.
4. 
(Reserved)
5. 
Home occupations.
6. 
Libraries, public or private not-for-profit.
7. 
Parks, parkways and playgrounds, public or private not-for-profit.
8. 
Schools, public or private kindergarten, elementary, secondary and collegiate.
9. 
Water features determined not to be high hazard or located in the main channel of a named watershed located in the City of Wildwood. Notwithstanding the foregoing, permitting of these features shall be governed by the regulations, requirements, and standards of the Chapter 425 Grading Code of the City of Wildwood Municipal Code and be reviewed and acted upon by the Department of Public Works. These water features, herein permitted by right, shall require a Conditional Use Permit (CUP), under the regulations set forth in Section 415.500 Conditional Use Permit Procedures (CUP) of the City of Wildwood Zoning Ordinance, if the source of any of its water for developing or maintaining normal pool elevation is determined to be from a ground water source.
C. 
Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500 "Conditional Use Permits":
1. 
Child care centers, nursery schools and day nurseries.
2. 
Private not-for-profit clubs, private not-for-profit recreational land uses and community centers.
3. 
Foster homes for handicapped children.
4. 
(Reserved)
5. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (C)(5) regarding group homes of the developmentally disabled was repealed 10-10-2016 by §7 of Ord. No. 2213.
6. 
Group homes for the elderly.
7. 
Group living facilities providing a permanent residence for not more than nine (9) individuals all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution.
8. 
Large water features.
9. 
Local public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be:
a. 
Adequately screened with landscaping, fencing or walls or any combination thereof; or
b. 
Placed underground; or
c. 
Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.
All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning.
10. 
Mortuaries.
11. 
Nursing homes.
12. 
Police and fire stations.
13. 
Public utility facilities, other than local public utility facilities.
14. 
Residential substance abuse treatment facilities.
15. 
Retreats operated by educational or other not-for-profit entities.
16. 
Satellite dishes (see provisions of Section 415.380(R)).
17. 
Sewage treatment facilities, other than facilities permitted as an accessory use.
17a. 
Solar panels, all ground-mounted types. All roof-mounted types, if said installations are visible from an adjoining/adjacent street(s).
[Ord. No. 2028 §§1 — 2, 4, 8-25-2014]
18. 
Specialized private schools.
D. 
Accessory Land Uses Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:
1. 
Devices for the generation of energy, such as solar panels (roof-mounted types on rear and/or side of dwellings and not visible from the adjoining/adjacent street(s) only), wind generators and similar devices.
[Ord. No. 2028 §§1 — 2, 4, 8-25-2014]
a. 
The support rack and framing that is to be installed be flush mounted on the roof of the dwelling, in association with the solar panel arrays, and match the color of the shingles or other roofing materials, as closely as possible.
b. 
The capping of the solar panel arrays that are used in this support rack and framing be a dark color and/or match that of the roofing materials in use, as closely as possible.
c. 
Compliance with all subdivision declarations, covenants, restrictions, or rules/regulations is required of any solar panel array installation.
d. 
The removal of woodlands to accommodate access to the sun be minimized and comply with all City codes in this regard.
2. 
Individual sewage treatment facilities serving an individual dwelling or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.
3. 
Private stables.
4. 
Signs (directional and information).
E. 
Performance Standards. All uses in the "R-2" Residence District shall operate in conformity with the appropriate performance standards contained in Section 415.250 "Zoning Performance Standard Regulations".
F. 
Height Limitations For Structures. The maximum height of structures in the "R-2" Residence District shall be as set out below:
[Ord. No. 2417, 12-10-2018]
1. 
No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or thirty-five (35) feet in height, whichever is less.
2. 
All other structures, other than a public utility tower authorized by a conditional use permit or a wireless support structure, disguised support structure or substantial modification thereof authorized by a conditional use permit shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 415.240 "Air Navigation Space Regulations."
G. 
Lot Area, Yard And Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-2" Residence District as well as the maximum density of nursing home self-care units shall be as set out below:
1. 
Minimum lot area requirements.
a. 
The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:
[Ord. No. 2213 §8, 10-10-2016]
USE
MINIMUM AREA
Child care center
30,000 square feet
Church
3 acres
Dwelling, single-family
15,000 square feet
Group living facilities for religious purposes
15,000 square feet
Library
1 acre
Local public utility facilities
10,000 square feet
Mortuary
Minimum area 3 acres (minimum of 200 feet on a State (M.H.T.D.) roadway and adjacent to existing commercial zoning district)
Residential substance abuse treatment facilities
3 acres (except 5 acres for a facility of more than 8 resident patients)
Schools
Nursery or day nursery
15,000 square feet
Kindergarten (separate)
1 acre
Primary
5 acres
Junior high
10 acres
Senior high
20 acres
Collegiate
10 acres
b. 
Any lot or tract of record on the effective date of this Chapter, which contains less than fifteen thousand (15,000) square feet, may be used as a site for one (1) single-family dwelling together with accessory structures and uses.
c. 
Foster homes for handicapped children and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a conditional use permit, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than fifteen thousand (15,000) square feet.
d. 
Police and fire stations as approved by the Planning Commission via a conditional use permit may be established on tracts of less than five (5) acres where the related parking needs, outdoor facilities and size of buildings are deemed consistent with the intensity of land use in the neighborhood of these uses.
e. 
Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).
f. 
All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.
2. 
Creation of new lots. No new lots shall be created of less than fifteen thousand (15,000) square feet in area except for police stations and local public utility facilities. Lots of less than fifteen thousand (15,000) square feet, created for the above uses, shall not be used for any other use and, in the event the permitted use terminates, the lot shall be established as common ground for an adjacent development or combined with an adjacent parcel or parcels by means of a boundary adjustment. Prior to the approval of a subdivision record plat creating a lot of less than fifteen thousand (15,000) square feet, a deed or other legal instrument must be approved by the City Attorney and recorded with the St. Louis County Recorder of Deeds, which guarantees the required transfer of the property in the event the permitted use is terminated, with a copy to be filed with the City of Wildwood.
3. 
Minimum yard requirements—general.
a. 
Front yard. No structure shall be allowed within twenty-five (25) feet of any roadway right-of-way line.
b. 
Side yard. No structure shall be allowed within ten (10) feet of any side property line.
c. 
Rear yard. No structure shall be allowed within thirty (30) feet of any rear property line.
4. 
Specific yard requirements and exceptions.
a. 
Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.
b. 
Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements.
c. 
Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback.
d. 
Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback.
e. 
Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning. Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
f. 
In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.
g. 
If a lot of record existing on the effective date of this Chapter has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
h. 
Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
i. 
No private stable shall be allowed within one hundred (100) feet of any property line. Affiliated pasture areas shall be fenced.
5. 
Maximum density, maximum height and minimum yard requirements for nursing homes.
a. 
Densities of self-care units shall not exceed twelve and one-half (12.5) units per acre.
b. 
No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
c. 
No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.
d. 
Accessory commercial uses in the form of limited service and retail commercial uses not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber and beauty shop, food or drug store, laundry or dry cleaning pickup and a newspaper stand and card shop.
6. 
Maximum density, maximum height and minimum yard area for residential substance abuse treatment facilities.
a. 
Densities shall not exceed eight (8) resident patients and two (2) house parents or support staff per facility for lots less than five (5) acres.
b. 
No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
c. 
No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.
d. 
Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.
H. 
Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280 "Off-Street Parking and Loading Requirements".
I. 
Sign Regulations. Sign regulations are set forth in Section 415.400 "Sign Regulations".
J. 
Outdoor Game Courts. An outdoor game court shall not be authorized by the City without the proper netting, fencing, and/or boarding, as set forth by the manufacturers' specifications for said facility, as a minimum, to control the flight of projectiles from it onto neighboring properties. This netting, fencing, or boarding shall not be placed in the structure setback areas of the lot, nor exceed ten (10) feet in height, unless otherwise prohibited by private subdivision restrictions in place, and be of a color to minimize its visibility (along with being designed to be collapsible or removable, when the court is not in use). This netting, fencing, or boarding requirement shall be indicated on submitted plans to the City and no authorization shall be granted by the Department of Planning, until this component of the court is satisfactorily met and the officers of the applicable homeowners' association have approved it as well. While it is expected this netting, fencing, or boarding will be used in conjunction with landscaping, which is required in Subdivision (1) below, in unique or hardship circumstances, landscaping may be used as a substitute to this required netting, fencing, or boarding, but said substitution is at the discretion of the Department of Planning, and must comply with the City's landscape manual for types, quantities, and locations. Additionally, said structure shall comply with the following:
1. 
Outdoor game courts shall require landscaping and be in accordance with the requirements of the City's Tree Manual and Sustainable Plantings Guide. The design of this landscaping plan shall be part of the property owner's submittal for authorization and be reviewed at that time. The planting pattern to create a screen must be designed by a landscape architect and submitted to the City for review and action, as part of the overall permitting process.
2. 
All plans submitted for the authorization of outdoor game courts shall indicate all in place stormwater improvements and any easements that exist on the lot.
3. 
No portion of an outdoor game court area shall be situated in the front yard of a lot, as defined by the application of the corresponding setback(s) required of the zoning district designation in place upon said parcel of ground.
4. 
The installation of lighting as part of any outdoor game court shall be prohibited in all "R" Residential District zoned properties located within the City of Wildwood.
5. 
As defined herein, any outdoor game court shall be required to receive approval of its location on the subject lot by the City of Wildwood Planning and Zoning Commission. This review shall be conducted upon a plan submitted by the petitioner to the Planning and Zoning Commission, which can alter the outdoor game court's location and/or orientation, based upon site and area characteristics, which would include, but not be limited to, the expected flight of projectiles from the structure, but, in no circumstance, authorize its encroachment into the lot's established setback areas.
[Ord. No. 1324 App. A §1003.115, 8-14-2006; Ord. No. 1874 §1, 6-25-2012; Ord. No. 1880 §1, 8-13-2012; Ord. No. 1934 §1, 5-13-2013]
A. 
Scope Of Provisions. This Section contains the district regulations of the "R-3" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter (Appendix) which are incorporated as part of this Section by reference.
B. 
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
1. 
Churches.
2. 
Dwellings, single-family.
3. 
(Reserved)
4. 
Home occupations.
5. 
Libraries, public or private not-for-profit.
6. 
Parks, parkways and playgrounds, public or private not-for-profit.
7. 
Police stations and fire stations.
8. 
Schools, public or private kindergarten, elementary, secondary and collegiate.
9. 
Water features determined not to be high hazard or located in the main channel of a named watershed located in the City of Wildwood. Notwithstanding the foregoing, permitting of these features shall be governed by the regulations, requirements, and standards of the Chapter 425 Grading Code of the City of Wildwood Municipal Code and be reviewed and acted upon by the Department of Public Works. These water features, herein permitted by right, shall require a Conditional Use Permit (CUP), under the regulations set forth in Section 415.500 Conditional Use Permit Procedures (CUP) of the City of Wildwood Zoning Ordinance, if the source of any of its water for developing or maintaining normal pool elevation is determined to be from a ground water source.
C. 
Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500 "Conditional Use Permits":
1. 
Child care centers, nursery schools and day nurseries.
2. 
Private not-for-profit clubs, private not-for-profit recreational land uses and community centers.
3. 
Foster homes for handicapped children.
4. 
(Reserved)
5. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (C)(5) regarding group homes of the developmentally disabled was repealed 10-10-2016 by §9 of Ord. No. 2213.
6. 
Group homes for the elderly.
7. 
Group living facilities providing a permanent residence for not more than nine (9) individuals all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution.
8. 
Large water features.
9. 
Local public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be:
a. 
Adequately screened with landscaping, fencing or walls or any combination thereof; or
b. 
Placed underground; or
c. 
Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.
All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. Utility lines shall be placed underground except where expressly approved to the contrary by a conditional use permit.
10. 
Mortuaries.
11. 
Nursing homes.
12. 
Public utility facilities, other than local public utility facilities.
13. 
Residential substance abuse treatment facilities.
14. 
Retreats operated by educational or other not-for-profit entities.
15. 
Sewage treatment facilities, other than facilities permitted as an accessory use.
16. 
Satellite dishes (see provisions of Section 415.380(R)).
16a. 
Solar panels, all ground-mounted types. All roof-mounted types, if said installations are visible from an adjoining/adjacent street(s).
[Ord. No. 2028 §§1 — 2, 4, 8-25-2014]
17. 
Specialized private schools.
D. 
Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:
1. 
Devices for the generation of energy, such as solar panels (roof-mounted types on rear and/or side of dwellings and not visible from the adjoining/adjacent street(s) only), wind generators and similar devices.
[Ord. No. 2028 §§1 — 2, 4, 8-25-2014]
a. 
The support rack and framing that is to be installed be flush mounted on the roof of the dwelling, in association with the solar panel arrays, and match the color of the shingles or other roofing materials, as closely as possible.
b. 
The capping of the solar panel arrays that are used in this support rack and framing be a dark color and/or match that of the roofing materials in use, as closely as possible.
c. 
Compliance with all subdivision declarations, covenants, restrictions, or rules/regulations is required of any solar panel array installation.
d. 
The removal of woodlands to accommodate access to the sun be minimized and comply with all City codes in this regard.
2. 
Individual sewage treatment facilities serving an individual dwelling or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.
3. 
Signs (directional and information).
E. 
Performance Standards. All uses in the "R-3" Residence District shall operate in conformity with the appropriate performance standards contained in Section 415.250 "Zoning Performance Standard Regulations".
F. 
Height Limitations For Structures. The maximum height of structures in the "R-3" Residence District shall be as set out below:
[Ord. No. 2417, 12-10-2018]
1. 
No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or thirty-five (35) feet in height, whichever is less.
2. 
All other structures, other than a public utility tower authorized by a conditional use permit or a wireless support structure, disguised support structure or substantial modification thereof subject to Chapter 430 of the City Code, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 415.240 "Air Navigation Space Regulations."
G. 
Lot Area, Yard And Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-3" Residence District as well as the maximum density of nursing home self-care units shall be as set out below:
1. 
Minimum lot area requirements.
a. 
The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:
[Ord. No. 2213 §10, 10-10-2016]
USE
MINIMUM AREA
Child care center
30,000 square feet
Church
1 acre
Dwelling, single-family
10,000 square feet
Fire station
½ acre
Group living facilities for religious purposes
10,000 square feet
Library
1 acre
Local public utility facilities
10,000 square feet
Mortuary
Minimum area 3 acres (minimum of 200 feet on a State (M.H.T.D.) roadway and adjacent to existing commercial zoning district)
Residential substance abuse treatment facilities
3 acres (except 5 acres for a facility of more than 8 resident patients)
Police station
10,000 square feet
Schools
Nursery or day nursery
15,000 square feet
Kindergarten (separate)
1 acre
Primary
5 acres
Junior high
10 acres
Senior high
20 acres
Collegiate
10 acres
b. 
Any lot or tract of record on the effective date of this Chapter, which contains less than ten thousand (10,000) square feet, may be used as a site for one (1) single-family dwelling together with accessory structures and uses.
c. 
Foster homes for handicapped children and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a conditional use permit, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than ten thousand (10,000) square feet.
d. 
Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).
e. 
All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.
2. 
Minimum yard requirements—general.
a. 
Front yard. No structure shall be allowed within twenty (20) feet of any roadway right-of-way line.
b. 
Side yard. No structure shall be allowed within ten (10) feet of any side property line.
c. 
Rear yard. No structure shall be allowed within thirty (30) feet of any rear property line.
3. 
Specific yard requirements and exceptions.
a. 
Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.
b. 
Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements.
c. 
Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback.
d. 
Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback.
e. 
Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning. Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
f. 
In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.
g. 
If a lot of record existing on the effective date of this Chapter has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
h. 
Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
4. 
Maximum density, maximum height and minimum yard requirements for nursing homes.
a. 
Densities of self-care units shall not exceed twelve and one-half (12.5) units per acre.
b. 
No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
c. 
No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.
d. 
Accessory commercial uses in the form of limited service and retail commercial uses not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber and beauty shop, food or drug store, laundry or dry cleaning pickup and a newspaper stand and card shop.
5. 
Maximum density, maximum height and minimum yard area for residential substance abuse treatment facilities.
a. 
Densities shall not exceed eight (8) resident patients and two (2) house parents or support staff per facility for lots less than five (5) acres.
b. 
No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
c. 
No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.
d. 
Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.
H. 
Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280 "Off-Street Parking and Loading Requirements".
I. 
Sign Regulations. Sign regulations are set forth in Section 415.400 "Sign Regulations".
J. 
Outdoor Game Courts. An outdoor game court shall not be authorized by the City without the proper netting, fencing, and/or boarding, as set forth by the manufacturers' specifications for said facility, as a minimum, to control the flight of projectiles from it onto neighboring properties. This netting, fencing, or boarding shall not be placed in the structure setback areas of the lot, nor exceed ten (10) feet in height, unless otherwise prohibited by private subdivision restrictions in place, and be of a color to minimize its visibility (along with being designed to be collapsible or removable, when the court is not in use). This netting, fencing, or boarding requirement shall be indicated on submitted plans to the City and no authorization shall be granted by the Department of Planning, until this component of the court is satisfactorily met and the officers of the applicable homeowners' association have approved it as well. While it is expected this netting, fencing, or boarding will be used in conjunction with landscaping, which is required in Subdivision (1) below, in unique or hardship circumstances, landscaping may be used as a substitute to this required netting, fencing, or boarding, but said substitution is at the discretion of the Department of Planning, and must comply with the City's landscape manual for types, quantities, and locations. Additionally, said structure shall comply with the following:
1. 
Outdoor game courts shall require landscaping and be in accordance with the requirements of the City's Tree Manual and Sustainable Plantings Guide. The design of this landscaping plan shall be part of the property owner's submittal for authorization and be reviewed at that time. The planting pattern to create a screen must be designed by a landscape architect and submitted to the City for review and action, as part of the overall permitting process.
2. 
All plans submitted for the authorization of outdoor game courts shall indicate all in place stormwater improvements and any easements that exist on the lot.
3. 
No portion of an outdoor game court area shall be situated in the front yard of a lot, as defined by the application of the corresponding setback(s) required of the zoning district designation in place upon said parcel of ground.
4. 
The installation of lighting as part of any outdoor game court shall be prohibited in all "R" Residential District zoned properties located within the City of Wildwood.
5. 
As defined herein, any outdoor game court shall be required to receive approval of its location on the subject lot by the City of Wildwood Planning and Zoning Commission. This review shall be conducted upon a plan submitted by the petitioner to the Planning and Zoning Commission, which can alter the outdoor game court's location and/or orientation, based upon site and area characteristics, which would include, but not be limited to, the expected flight of projectiles from the structure, but, in no circumstance, authorize its encroachment into the lot's established setback areas.
[Ord. No. 1324 App. A §1003.117, 8-14-2006; Ord. No. 1874 §1, 6-25-2012; Ord. No. 1880 §1, 8-13-2012; Ord. No. 1934 §1, 5-13-2013]
A. 
Scope Of Provisions. This Section contains the district regulations of the "R-4" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.
B. 
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
1. 
Churches.
2. 
Dwellings, single-family.
3. 
Home occupations.
4. 
Libraries, public or private not-for-profit.
5. 
Parks, parkways and playgrounds, public or private not-for-profit.
6. 
Police stations and fire stations.
7. 
Schools, public or private kindergarten, elementary, secondary and collegiate.
8. 
Water features determined not to be high hazard or located in the main channel of a named watershed located in the City of Wildwood. Notwithstanding the foregoing, permitting of these features shall be governed by the regulations, requirements, and standards of the Chapter 425 Grading Code of the City of Wildwood Municipal Code and be reviewed and acted upon by the Department of Public Works. These water features, herein permitted by right, shall require a Conditional Use Permit (CUP), under the regulations set forth in Section 415.500 Conditional Use Permit Procedures (CUP) of the City of Wildwood Zoning Ordinance, if the source of any of its water for developing or maintaining normal pool elevation is determined to be from a ground water source.
C. 
Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500 "Conditional Use Permits":
1. 
Child care centers, nursery schools and day nurseries.
2. 
Private not-for-profit clubs and private not-for-profit recreational land uses and community centers.
3. 
Foster homes for handicapped children.
4. 
(Reserved)
5. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (C)(5) regarding group homes of the developmentally disabled was repealed 10-10-2016 by §11 of Ord. No. 2213.
6. 
Group homes for the elderly.
7. 
Group living facilities providing a permanent residence for not more than nine (9) individuals all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution.
8. 
Large water features.
9. 
Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be:
a. 
Adequately screened with landscaping, fencing or walls or any combination thereof; or
b. 
Placed underground; or
c. 
Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.
All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. Utility lines shall be placed underground except where expressly approved to the contrary by a conditional use permit.
10. 
Mortuaries.
11. 
Nursing homes.
12. 
Parking lots, when adjacent to land in a "C" Commercial or "M" Industrial District and when parking is used with a commercial or industrial development.
13. 
Public utility facilities, other than local public utility facilities.
14. 
Residential substance abuse treatment facilities.
15. 
Retreats operated by educational or other not-for-profit entities.
16. 
Satellite dishes (see provisions of Section 415.380(R)).
17. 
Sewage treatment facilities, other than facilities permitted as an accessory use.
17a. 
Solar panels, all ground-mounted types. All roof-mounted types, if said installations are visible from an adjoining/adjacent street(s).
[Ord. No. 2028 §§1 — 2, 4, 8-25-2014]
18. 
Specialized private schools.
D. 
Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:
1. 
Devices for the generation of energy, such as solar panels (roof-mounted types on rear and/or side of dwellings and not visible from the adjoining/adjacent street(s) only), wind generators and similar devices.
[Ord. No. 2028 §§1 — 2, 4, 8-25-2014]
a. 
The support rack and framing that is to be installed be flush mounted on the roof of the dwelling, in association with the solar panel arrays, and match the color of the shingles or other roofing materials, as closely as possible.
b. 
The capping of the solar panel arrays that are used in this support rack and framing be a dark color and/or match that of the roofing materials in use, as closely as possible.
c. 
Compliance with all subdivision declarations, covenants, restrictions, or rules/regulations is required of any solar panel array installation.
d. 
The removal of woodlands to accommodate access to the sun be minimized and comply with all City codes in this regard.
2. 
Individual sewage treatment facilities serving an individual dwelling or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.
3. 
Signs (directional and information).
E. 
Performance Standards. All uses in the "R-4" Residence District shall operate in conformity with the appropriate performance standards contained in Section 415.250 "Zoning Performance Standard Regulations".
F. 
Height Limitations For Structures. The maximum height of structures in the "R-4" Residence District shall be as set out below:
[Ord. No. 2417, 12-10-2018]
1. 
No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or thirty-five (35) feet in height, whichever is less.
2. 
All other structures, other than a public utility tower authorized by a conditional use permit or wireless support structure, disguised support structure or substantial modification thereof subject to Chapter 430 of the City Code, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 415.240 "Air Navigation Space Regulations."
G. 
Lot Area, Yard And Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-4" Residence District as well as the maximum density of nursing home self-care units shall be as set out below:
1. 
Minimum lot area requirements.
a. 
The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:
[Ord. No. 2213 §12, 10-10-2016]
USE
MINIMUM AREA
Child care center
30,000 square feet
Church
½ acre
Dwelling, single-family
7,500 square feet
Fire station
½ acre
Group living facilities for religious purposes
7,500 square feet
Library
1 acre
Local public utility facilities
7,500 square feet
Mortuary
Minimum area 3 acres (minimum of 200 feet on a State (M.H.T.D.) roadway and adjacent to existing commercial zoning district)
Residential substance abuse treatment facilities
3 acres (except 5 acres for a facility of more than 8 resident patients)
Parking lot
7,500 square feet
Police station
10,000 square feet
Schools
Nursery or day nursery
15,000 square feet
Kindergarten (separate)
1 acre
Primary
5 acres
Junior high
10 acres
Senior high
20 acres
b. 
Any lot or tract of record on the effective date of this Chapter, which contains less than seven thousand five hundred (7,500) square feet, may be used as a site for one (1) single-family dwelling together with accessory structures and uses.
c. 
Foster homes for handicapped children and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a conditional use permit, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than seven thousand five hundred (7,500) square feet.
d. 
Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).
e. 
All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area, except as may be clearly indicated otherwise by the context of these regulations.
2. 
Minimum yard requirements—general.
a. 
Front yard. No structure shall be allowed within twenty (20) feet of any roadway right-of-way line.
b. 
Side yard. No structure shall be allowed within ten (10) feet of any side property line.
c. 
Rear yard. No structure shall be allowed within thirty (30) feet of any rear property line.
3. 
Specific yard regulations and exceptions.
a. 
Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.
b. 
Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements.
c. 
Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback.
d. 
Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback.
e. 
Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning. Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
f. 
In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.
g. 
If a lot of record existing on the effective date of this Chapter has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
h. 
Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
i. 
Parking lots for five (5) or more vehicles, loading spaces or internal drives serving said parking lots or loading spaces, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way line and twenty-five (25) feet from any adjoining property in a "PS", "NU" or "R" District. No setback is required from adjoining properties in a "C" or "M" District unless required by the conditions of a conditional use permit. Parking shall be screened from any adjoining property in a "PS", "NU" or "R" District using fences, berms or landscaping.
4. 
Maximum density, maximum height and minimum yard requirements for nursing homes.
a. 
Densities of self-care units shall not exceed twelve and one-half (12.5) units per acre.
b. 
No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
c. 
No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.
d. 
Accessory commercial uses in the form of limited service and retail commercial uses not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber and beauty shop, food or drug store, laundry or dry cleaning pickup and a newspaper stand and card shop.
5. 
Maximum density, maximum height and minimum yard area for residential substance abuse treatment facilities.
a. 
Densities shall not exceed eight (8) resident patients and two (2) house parents or support staff per facility for lots less than five (5) acres.
b. 
No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
c. 
No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.
d. 
Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.
H. 
Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280 "Off-Street Parking and Loading Requirements".
I. 
Sign Regulations. Sign regulations are set forth in Section 415.400 "Sign Regulations".
J. 
Outdoor Game Courts. An outdoor game court shall not be authorized by the City without the proper netting, fencing, and/or boarding, as set forth by the manufacturers' specifications for said facility, as a minimum, to control the flight of projectiles from it onto neighboring properties. This netting, fencing, or boarding shall not be placed in the structure setback areas of the lot, nor exceed ten (10) feet in height, unless otherwise prohibited by private subdivision restrictions in place, and be of a color to minimize its visibility (along with being designed to be collapsible or removable, when the court is not in use). This netting, fencing, or boarding requirement shall be indicated on submitted plans to the City and no authorization shall be granted by the Department of Planning, until this component of the court is satisfactorily met and the officers of the applicable homeowners' association have approved it as well. While it is expected this netting, fencing, or boarding will be used in conjunction with landscaping, which is required in Subdivision (1) below, in unique or hardship circumstances, landscaping may be used as a substitute to this required netting, fencing, or boarding, but said substitution is at the discretion of the Department of Planning, and must comply with the City's landscape manual for types, quantities, and locations. Additionally, said structure shall comply with the following:
1. 
Outdoor game courts shall require landscaping and be in accordance with the requirements of the City's Tree Manual and Sustainable Plantings Guide. The design of this landscaping plan shall be part of the property owner's submittal for authorization and be reviewed at that time. The planting pattern to create a screen must be designed by a landscape architect and submitted to the City for review and action, as part of the overall permitting process.
2. 
All plans submitted for the authorization of outdoor game courts shall indicate all in place stormwater improvements and any easements that exist on the lot.
3. 
No portion of an outdoor game court area shall be situated in the front yard of a lot, as defined by the application of the corresponding setback(s) required of the zoning district designation in place upon said parcel of ground.
4. 
The installation of lighting as part of any outdoor game court shall be prohibited in all "R" Residential District zoned properties located within the City of Wildwood.
5. 
As defined herein, any outdoor game court shall be required to receive approval of its location on the subject lot by the City of Wildwood Planning and Zoning Commission. This review shall be conducted upon a plan submitted by the petitioner to the Planning and Zoning Commission, which can alter the outdoor game court's location and/or orientation, based upon site and area characteristics, which would include, but not be limited to, the expected flight of projectiles from the structure, but, in no circumstance, authorize its encroachment into the lot's established setback areas.
[Ord. No. 1324 App. A §1003.120, 8-14-2006; Ord. No. 1874 §1, 6-25-2012; Ord. No. 1880 §1, 8-13-2012; Ord. No. 1934 §1, 5-13-2013]
A. 
Scope Of Provisions. This Section contains the district regulations of the "R-6A" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.
B. 
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
1. 
Churches.
2. 
(Reserved)
3. 
Dwellings, two-family.
4. 
Dwellings, multiple-family, row houses and other group-house arrangements of attached or detached buildings.
5. 
Home occupations.
6. 
Libraries, public or private not-for-profit.
7. 
Parks, parkways and playgrounds, public or private not-for-profit.
8. 
Police stations and fire stations.
9. 
Schools, public or private kindergarten, elementary, secondary and collegiate.
10. 
Water features determined not to be high hazard or located in the main channel of a named watershed located in the City of Wildwood. Notwithstanding the foregoing, permitting of these features shall be governed by the regulations, requirements, and standards of the Chapter 425 Grading Code of the City of Wildwood Municipal Code and be reviewed and acted upon by the Department of Public Works. These water features, herein permitted by right, shall require a Conditional Use Permit (CUP), under the regulations set forth in Section 415.500 Conditional Use Permit Procedures (CUP) of the City of Wildwood Zoning Ordinance, if the source of any of its water for developing or maintaining normal pool elevation is determined to be from a ground water source.
C. 
Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500 "Conditional Use Permits":
1. 
Child care centers, nursery schools and day nurseries.
2. 
Private not-for-profit clubs, private not-for-profit recreational land uses and community centers.
3. 
Dormitory or group living facilities for religious, educational or charitable purposes.
4. 
Foster homes for handicapped children.
5. 
Large water features.
6. 
Group homes for the elderly.
7. 
Group living facilities providing a permanent residence for not more than nine (9) individuals all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution.
8. 
Home trailer parks and camps and associated community facilities on not less than twenty (20) acres.
9. 
Local public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be:
a. 
Adequately screened with landscaping, fencing or walls or any combination thereof; or
b. 
Placed underground; or
c. 
Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.
All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. Utility lines shall be placed underground except where expressly approved to the contrary by a conditional use permit.
10. 
Nursing homes.
11. 
Parking lot, when adjacent to land in a "C" Commercial or "M" Industrial District and when parking is used with a commercial or industrial development.
12. 
Public utility facilities, other than local public utility facilities.
13. 
Residential substance abuse treatment facilities.
14. 
Retreats operated by educational or other not-for-profit entities.
15. 
Satellite dishes (see provisions of Section 415.380(R)).
16. 
Sewage treatment facilities, other than facilities permitted as an accessory use.
16a. 
Solar panels, all ground-mounted types. All roof-mounted types, if said installations are visible from an adjoining/adjacent street(s).
[Ord. No. 2028 §§1 — 2, 4, 8-25-2014]
17. 
Specialized private schools.
D. 
Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:
1. 
Devices for the generation of energy, such as solar panels (roof-mounted types on rear and/or side of dwellings and not visible from the adjoining/adjacent street(s) only), wind generators and similar devices.
[Ord. No. 2028 §§1 — 2, 4, 8-25-2014]
a. 
The support rack and framing that is to be installed be flush mounted on the roof of the dwelling, in association with the solar panel arrays, and match the color of the shingles or other roofing materials, as closely as possible.
b. 
The capping of the solar panel arrays that are used in this support rack and framing be a dark color and/or match that of the roofing materials in use, as closely as possible.
c. 
Compliance with all subdivision declarations, covenants, restrictions, or rules/regulations is required of any solar panel array installation.
d. 
The removal of woodlands to accommodate access to the sun be minimized and comply with all City codes in this regard.
2. 
Individual sewage treatment facilities serving an individual dwelling or non-residential use as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.
3. 
Signs (directional and information).
E. 
Performance Standards. All uses in the "R-6A" Residence District shall operate in conformity with the appropriate performance standards contained in Section 415.250 "Zoning Performance Standard Regulations".
F. 
Height Limitations For Structures. The maximum height of structures in the "R-6A" Residence District shall be as set out below:
[Ord. No. 2417, 12-10-2018]
1. 
No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed four (4) stories in height, including any basement dwelling space.
2. 
All other structures, other than a public utility tower authorized by a conditional use permit or a wireless support structure, disguised support structure or substantial modification thereof subject to Chapter 430 of the City Code, shall not exceed a height of sixty (60) feet above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 415.240 "Air Navigation Space Regulations."
G. 
Lot Area, Yard And Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-6A" Residence District as well as the maximum density of nursing home self-care units shall be as set out below:
1. 
Minimum lot area requirements.
a. 
The following permitted and conditional land uses shall be situated on tracts of land providing areas not less than those set out below:
USE
MINIMUM AREA
Child care center
30,000 square feet
Church
½ acre
Dwelling, two-family
4,500 square feet per unit
Dwelling, three-family
4,000 square feet per unit
Dwelling, multiple-family
4,000 square feet per unit
Fire station
½ acre
Group living facilities for religious purposes
4,500 square feet
Library
½ acre
Local public utility facilities
10,000 square feet
Residential substance abuse treatment facilities
3 acres (except 5 acres for a facility of more than 8 resident patients)
Parking lot
10,000 square feet
Police station
10,000 square feet
Schools
Nursery or day nursery
15,000 square feet
Kindergarten (separate)
1 acre
Primary
5 acres
Junior high
10 acres
Senior high
20 acres
Collegiate
10 acres
b. 
(Reserved)
c. 
Foster homes for handicapped children and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a conditional use permit may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than ten thousand (10,000) square feet.
d. 
Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).
e. 
All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.
2. 
Minimum yard requirements.
a. 
Front yard. No structure shall be allowed within twenty (20) feet of any roadway right-of-way line.
b. 
Side yard. No unattached side of an attached single-family dwelling or structure accessory to an attached single-family dwelling, except as noted, shall be allowed within five (5) feet of any side property line. Detached garages accessory to attached single-family dwellings shall be a minimum of three (3) feet from any side property line. No other structure shall be allowed within ten (10) feet of any side property line.
c. 
Rear yard. No structure, including single-family attached dwellings, but not detached garages accessory to attached single-family dwellings, shall be allowed within fifteen (15) feet of any rear property line. Detached garages accessory to attached single-family dwellings shall be a minimum of three (3) feet from any rear property line. Detached garages accessory to attached single-family dwellings shall be a minimum of three (3) feet from any rear property line.
3. 
Distances between buildings. No wall of any separate (detached) structure shall be located closer to any wall of another structure than as set out in the following table:
WALLS
FRONT
SIDE
REAR
WALLS OF DETACHED ACCESSORY BUILDINGS
Front
50 feet plus additional 10 feet for each story over 2 stories
30 feet except 20 feet if side wall has no windows
100 feet
30 feet
Side
30 feet except 20 feet if side wall has no windows
20 feet
30 feet
10 feet
Rear
100 feet
30 feet
50 feet
20 feet
Any dimension given above shall include the side yard required for an attached single-family dwelling, when any described wall faces the side lot of any separately owned property, whether or not any structure is located on said property.
4. 
Specific yard requirements and exceptions.
a. 
Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.
b. 
Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements.
c. 
Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback.
d. 
Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback.
e. 
Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning. Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
f. 
In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a front yard setback variation of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.
g. 
If a lot of record existing on the effective date of this Chapter has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
h. 
Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
i. 
Parking lots for five (5) or more vehicles, loading spaces or internal drives serving said parking lots or loading spaces, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way line and twenty-five (25) feet from any adjoining property in a "PS", "NU" or "R" District. No setback is required from adjoining properties in a "C" or "M" District unless required by the conditions of a conditional use permit. Parking shall be screened from any adjoining property in a "PS", "NU" or "R" District using fences, berms or landscaping.
5. 
Maximum density, maximum height and minimum yard requirements for nursing homes.
a. 
Densities of self-care units shall not exceed twelve and one-half (12.5) units per acre.
b. 
No building within a nursing home development shall exceed a height of four (4) stories or sixty (60) feet above the average ground elevation at the perimeter of the building, whichever is less.
c. 
No building within a nursing home development shall be allowed within a minimum of thirty (30) feet of any property line.
d. 
Accessory commercial uses in the form of limited service and retail commercial uses not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber and beauty shop, food or drug store, laundry or dry cleaning pickup and a newspaper stand and card shop.
6. 
Maximum density, maximum height and minimum yard area for residential substance abuse treatment facilities.
a. 
Densities shall not exceed eight (8) resident patients and two (2) house parents or support staff per facility for lots less than five (5) acres.
b. 
No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
c. 
No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.
d. 
Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.
H. 
Off-Street Parking and Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280 "Off-Street Parking and Loading Requirements".
I. 
Sign Regulations. Sign regulations are set forth in Section 415.400 "Sign Regulations".
J. 
Outdoor Game Courts. An outdoor game court shall not be authorized by the City without the proper netting, fencing, and/or boarding, as set forth by the manufacturers' specifications for said facility, as a minimum, to control the flight of projectiles from it onto neighboring properties. This netting, fencing, or boarding shall not be placed in the structure setback areas of the lot, nor exceed ten (10) feet in height, unless otherwise prohibited by private subdivision restrictions in place, and be of a color to minimize its visibility (along with being designed to be collapsible or removable, when the court is not in use). This netting, fencing, or boarding requirement shall be indicated on submitted plans to the City and no authorization shall be granted by the Department of Planning, until this component of the court is satisfactorily met and the officers of the applicable homeowners' association have approved it as well. While it is expected this netting, fencing, or boarding will be used in conjunction with landscaping, which is required in Subdivision (1) below, in unique or hardship circumstances, landscaping may be used as a substitute to this required netting, fencing, or boarding, but said substitution is at the discretion of the Department of Planning, and must comply with the City's landscape manual for types, quantities, and locations. Additionally, said structure shall comply with the following:
1. 
Outdoor game courts shall require landscaping and be in accordance with the requirements of the City's Tree Manual and Sustainable Plantings Guide. The design of this landscaping plan shall be part of the property owner's submittal for authorization and be reviewed at that time. The planting pattern to create a screen must be designed by a landscape architect and submitted to the City for review and action, as part of the overall permitting process.
2. 
All plans submitted for the authorization of outdoor game courts shall indicate all in place stormwater improvements and any easements that exist on the lot.
3. 
No portion of an outdoor game court area shall be situated in the front yard of a lot, as defined by the application of the corresponding setback(s) required of the zoning district designation in place upon said parcel of ground.
4. 
The installation of lighting as part of any outdoor game court shall be prohibited in all "R" Residential District zoned properties located within the City of Wildwood.
5. 
As defined herein, any outdoor game court shall be required to receive approval of its location on the subject lot by the City of Wildwood Planning and Zoning Commission. This review shall be conducted upon a plan submitted by the petitioner to the Planning and Zoning Commission, which can alter the outdoor game court's location and/or orientation, based upon site and area characteristics, which would include, but not be limited to, the expected flight of projectiles from the structure, but, in no circumstance, authorize its encroachment into the lot's established setback areas.
[Ord. No. 1324 App. A §1003.131, 8-14-2006; Ord. No. 1527 §1, 7-14-2008]
A. 
Scope Of Provisions. This Section contains the district regulations of the "C-1" Neighborhood Business District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference. The "C-1" Neighborhood Business District encompasses areas located within or near residential communities wherein may be located certain limited sales and service facilities that constitute a convenience to residents in the immediate neighborhood.
B. 
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
1. 
Apartment dwelling units in buildings primarily designated for occupancy by one (1) or more of the commercial uses permitted in this Subsection, wherein occupancy of the dwelling unit shall be limited to the owner, manager or employee of the permitted use or uses and their respective families. A minimum of eight hundred (800) square feet of contiguous open space for the dwelling unit, protectively screened from commercial activities and directly accessible to the dwelling unit shall be provided on the premises for the exclusive use of the occupants of such apartment.
2. 
Barbershops and beauty parlors.
3. 
Child care centers, nursery schools and day nurseries.
4. 
Dry cleaning drop-off and pickup stations, not including drive-through facilities.
5. 
Film drop-off and pickup stations, not including drive-through facilities.
6. 
Local public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be:
a. 
Adequately screened with landscaping, fencing or walls or any combination thereof; or
b. 
Placed underground; or
c. 
Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.
All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning.
7. 
Offices and office buildings for accountants, bookkeepers, architects, engineers, planners, financial consultants, income tax preparers, insurance salespersons, lawyers, real estate salespersons, real estate brokers and real estate appraisers.
8. 
Police, fire and postal stations.
9. 
Service facilities, studios or work areas for artists, candy makers, dressmakers, tailors, music teachers, dance teachers, typists and stenographers. Goods and services associated with these uses may be sold or provided directly to the public on the premises.
10. 
Stores and shops in which food stuff, beverages, pharmaceutical, household supplies and personal use items are sold directly to the public for consumption elsewhere than on the premises. Drive-through facilities or restaurants are not permitted.
C. 
Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500 "Conditional Use Permits":
1. 
All permitted land uses and developments set forth in Subsection (B) which exceed one (1) story or twenty (20) feet in height, whichever is less, including roof top mechanical equipment attached to a structure.
2. 
Apartment dwelling units in buildings primarily designated for occupancy by one (1) or more of the commercial uses allowed by conditional use permits in this Subsection, wherein occupancy of the dwelling unit shall be limited to the owner, manager or employee of the use or uses allowed by conditional use permit and their respective families. A minimum of eight hundred (800) square feet of contiguous open space for the dwelling unit, protectively screened from commercial activities and directly accessible to the dwelling unit shall be provided on the premises for the exclusive use of the occupants of such apartment.
3. 
Financial institutions, not including drive-through facilities.
4. 
Medical and dental offices.
5. 
Parking areas, including garages, for automobiles, but not including any sales of automobiles or the storage of wrecked or otherwise damaged and immobilized automotive vehicles for a period in excess of seventy-two (72) hours.
5a. 
Pay day loan establishments (cannot be located within two thousand six hundred forty (2,640) feet of a similar pay day loan establishment or two hundred (200) feet of an occupied residential unit).
6. 
Public utility facilities, other than local public utility facilities.
7. 
Restaurants and shops in which foodstuffs or beverages are sold directly to the public for consumption on the premises. Fast-food restaurants, drive-through facilities or taverns are not permitted.
8. 
Satellite dishes (see provisions of Section 415.380(R)).
9. 
Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use.
10. 
Service facilities, studios or work areas for antique salespersons, craft persons, including cabinet makers, film processors, fishing tackle and bait shops and souvenir sales. Goods and services associated with the above may be sold or provided directly to the public on the premises.
D. 
Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:
1. 
Associated work and storage areas required by a business, firm or service to carry on business operations.
2. 
Devices for the generation of energy, such as solar panels, wind generators and similar devices.
3. 
Dwelling or lodging units, only for watchmen, caretakers or other personnel whose residence on the premises is essential to the operation of a permitted or conditional use or uses.
4. 
Individual sewage treatment facilities serving an individual building or use as approved by the appropriate regulatory agency. The sewage treatment facility shall not exceed five thousand (5,000) gallons per day flow.
5. 
Signs (business, directional and information).
E. 
Performance Standards. All uses in the "C-1" Neighborhood Business District shall operate in conformity with the appropriate performance standards contained in Section 415.250 "Zoning Performance Standard Regulations".
F. 
Height Limitations For Structures. The maximum height of structures in this district shall be as follows:
[Ord. No. 2417, 12-10-2018]
1. 
Unless otherwise restricted by application of regulations in Section 415.240 "Air Navigation Space Regulations," the total height of any structure, including roof top mechanical equipment attached to such structure, shall not exceed one (1) story or twenty (20) feet in height, whichever is less, above the average finished ground elevation at the perimeter of such structure unless authorized by a conditional use permit.
Unless otherwise restricted by application of regulations in Section 415.240 "Air Navigation Space Regulations," the total height of any structure authorized by conditional use permit, not including a wireless support structure, disguised support structure, or substantial modification thereof authorized by a conditional use permit, including roof top mechanical equipment attached to such structure, shall be authorized by specific conditions of the permit, but shall not exceed two (2) stories or thirty (30) feet in height, whichever is less, above the average finished ground elevation at the perimeter of such structure. A public utility tower authorized by a conditional use permit may be erected to any height not in conflict with the application of regulations in Section 415.240 "Air Navigation Space Regulations."
Unless otherwise restricted by application of regulations in Section 415.240 "Air Navigation Space Regulations," the total height of any wireless support structure, disguised support structure or substantial modification thereof subject to Chapter 430 of the City Code, including roof top mechanical equipment attached to such structure, shall be authorized by specific conditions of the permit, but shall not exceed two (2) stories or thirty (30) feet AGL in height, whichever is less.
G. 
Minimum Lot Area Requirements. Every lot or tract of land shall have an area comprising not less than six thousand (6,000) square feet. Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use, shall be situated on tracts of land at least ten thousand (10,000) square feet in area.
H. 
Development Limitations.
1. 
Not more than thirty percent (30%) of the total area of any lot or tract of land in this district shall be covered by structures.
2. 
The total gross floor area devoted to any single use or contained within any building shall not exceed ten thousand (10,000) square feet.
3. 
Only one (1) freestanding building shall be permitted on each lot or tract of land. This limitation shall not include buildings used for accessory uses.
4. 
Not more than one (1) apartment dwelling unit in buildings primarily designated for occupancy by commercial uses shall be permitted on each lot or tract of land. This limitation shall not include dwelling or lodging units permitted as accessory uses.
I. 
Minimum Yard Requirements.
1. 
Front yard—general. No structure is allowed within twenty (20) feet of any roadway right-of-way line.
2. 
Front yard—specific regulations and exceptions.
a. 
Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.
b. 
When the minimum front yard setback of one (1) or more "R" Residence District zoned properties adjoining either side of a lot in this district is greater than twenty (20) feet, the required minimum front yard setback shall be the same as the most restrictive adjoining "R" Residence District.
c. 
Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback.
d. 
Permitted information signs, six (6) feet in height or less, are allowed within the minimum front yard setback.
e. 
Permitted directional signs, three (3) feet in height or less, are allowed within the minimum front yard setback.
f. 
Light standards for parking lot lighting are allowed no closer than fifteen (15) feet from any roadway right-of-way line.
g. 
Light standards for street lighting or at points of ingress and egress are allowed within the minimum front yard setback when approved by the Department of Planning.
3. 
Side and rear yards—general. No structure is allowed within thirty (30) feet of a property line adjoining property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
4. 
Side and rear yards—specific regulations and exceptions.
a. 
Any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District, other than a public utility tower authorized by a conditional use permit, must be set back from such property line an additional one (1) foot for every two (2) feet in height above thirty (30) feet.
b. 
Boundary walls or fences, six (6) feet in height or less, are permitted within the minimum side and rear yard setbacks required from property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
c. 
Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
J. 
Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280 "Off-Street Parking and Loading Requirements".
K. 
Sign Regulations. Sign regulations are set forth in Section 415.400 "Sign Regulations".
[Ord. No. 1324 App. A §1003.133, 8-14-2006; Ord. No. 1527 §1, 7-14-2008]
A. 
Scope Of Provisions. This Section contains the district regulations of the "C-2" Shopping District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference. The "C-2" Shopping District encompasses areas wherein may be located such stores and service facilities as will provide a wide range of goods and services usually used, consumed or needed in the home or by individuals. It is the purpose of these regulations to facilitate the establishment of conditions suitable for the operation of small businesses catering to the general public.
B. 
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
1. 
Auditoriums and other facilities for public assembly.
2. 
Child care centers, nursery schools and day nurseries.
3. 
Churches.
4. 
Clubs, lodges and meeting rooms.
5. 
Financial institutions, not including drive-through facilities.
6. 
Libraries and reading rooms.
7. 
Local public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be:
a. 
Adequately screened with landscaping, fencing or walls or any combination thereof; or
b. 
Placed underground; or
c. 
Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.
All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning.
8. 
Medical and dental offices.
9. 
Mortuaries.
10. 
Offices or office buildings.
11. 
Parking areas, including garages, for automobiles, but not including any sales of automobiles or the storage of wrecked or otherwise damaged and immobilized automotive vehicles for a period in excess of seventy-two (72) hours.
12. 
Police, fire and postal stations.
13. 
Recreational facilities, including indoor theaters, but not including drive-in theaters, golf practice driving ranges and outdoor swimming pools.
14. 
Restaurants, including fast-food restaurants except those which provide drive-through service or those which constitute the only use in a freestanding building.
15. 
Fast-food restaurants selling only ice cream products, yogurt or similar dairy dessert products and soft drinks.
16. 
Schools for business, professional or technical training, but not including outdoor areas for driving or heavy equipment training.
17. 
Stores, shops, markets, service facilities and automatic vending facilities in which goods or services of any kind are offered for sale or hire to the general public on the premises.
C. 
Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500 "Conditional Use Permits":
1. 
All permitted land uses and developments set forth in Subsection (B) which exceeds two (2) stories or forty (40) feet in height, whichever is less, including roof top mechanical equipment attached to a structure.
2. 
(Reserved)
3. 
Animal hospitals and veterinary clinics, not including open kennels and exercise yards.
4. 
Apartment dwelling units in buildings primarily designated for occupancy by commercial purposes. A minimum of eight hundred (800) square feet of contiguous open space per dwelling unit, protectively screened from commercial activities and directly accessible to the dwelling units shall be provided on the premises for the exclusive use of the occupants of such apartments.
5. 
Car washes for automobiles.
6. 
Fast-food restaurants excluded as a permitted use in this zoning district.
7. 
Filling stations for automobiles.
8. 
Financial institutions with drive-through facilities.
9. 
Highway Department garages.
10. 
Hospitals and hospices.
11. 
Hotels, including customary services for guests.
12. 
Outpatient substance abuse treatment facilities.
12a. 
Pay day loan establishments (cannot be located within two thousand six hundred forty (2,640) feet of a similar pay day loan establishment or two hundred (200) feet of an occupied residential unit).
13. 
Public utility facilities, other than local public utility facilities.
14. 
Satellite dishes (see provisions of Section 415.380(R)).
15. 
Sewage treatment facilities, not including individual sewage treatment facilities permitted as an accessory use.
16. 
Vehicle service centers for automobiles.
17. 
Vehicle repair facilities for automobiles.
D. 
Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:
1. 
Associated work and storage areas required by any business, firm or service to carry on business operations.
2. 
Devices for the generation of energy, such as solar panels, wind generators and similar devices.
3. 
Dwelling or lodging units, only for watchmen, caretakers or other personnel whose residence on the premises is essential to the operation of a permitted or conditional use or uses.
4. 
Individual sewage treatment facilities serving an individual building or use as approved by the appropriate regulatory agency. The sewage treatment facility shall not exceed five thousand (5,000) gallons per day flow.
5. 
Signs (business, directional, information and portable or temporary).
E. 
Performance Standards. All uses in the "C-2" Shopping District shall operate in conformity with the appropriate performance standards contained in Section 415.250 "Zoning Performance Standard Regulations".
F. 
Height Limitations For Structures. The maximum height of structures in this district shall be as follows:
[Ord. No. 2417, 12-10-2018]
1. 
Unless otherwise restricted by application of regulations in Section 415.240 "Air Navigation Space Regulations", the total height of any structure other than a wireless support structure, disguised support structure or subst,atial modification thereof subject to Chapter 430 of the City Code, including roof top mechanical equipment attached to such structure, shall not exceed two (2) stories or forty (40) feet in height, whichever is less, above the average finished ground elevation at the perimeter of such structure unless authorized by conditional use permit.
2. 
Total height of any structure authorized by conditional use permit shall be authorized by specific conditions of the permit; except that the height of structures may be further restricted as provided in Section 415.240 "Air Navigation Space Regulations."
G. 
Minimum Lot Area Requirements.
1. 
Every lot or tract of land shall have an area comprising not less than twelve thousand (12,000) square feet.
2. 
Churches shall be situated on tracts of land at least one-half (½) acre in area.
3. 
Hospitals shall be situated on tracts of land at least five (5) acres in area.
4. 
Any lot or tract of record on the effective date of this Chapter, which contains less area than herein specified, may be used as a site for only one (1) use listed in Subsection (B), together with related parking areas and accessory uses and developments. In addition, an outdoor advertising sign may be authorized on such a lot by conditional use permit.
H. 
Development Limitations.
1. 
Not more than twenty-five percent (25%) of the total area of any lot or tract of land in this district shall be covered by structures.
2. 
The total gross floor area devoted to any one (1) business, firm or service shall not exceed thirty thousand (30,000) square feet.
3. 
The capacity of auditoriums, churches, clubs, lodges, meeting rooms, libraries, reading rooms, theatres or any other facility for public assembly shall not exceed one thousand (1,000) persons.
4. 
Outpatient substance abuse treatment facilities shall maintain a minimum separation of a one (1) mile radius between each facility.
I. 
Minimum Yard Requirements.
1. 
Front yard—general. No structure is allowed within fifteen (15) feet of any roadway right-of-way line.
2. 
Front yard—specific regulations and exceptions.
a. 
Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.
b. 
Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback.
c. 
Permitted information signs, six (6) feet in height or less, are allowed within the minimum front yard setback.
d. 
Permitted directional signs, three (3) feet in height or less, are allowed within the minimum front yard setback.
e. 
Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning.
3. 
Side and rear yards—general. No structure is allowed within thirty (30) feet of a property line adjoining property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
4. 
Side and rear yards—specific regulations and exceptions.
a. 
Any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District, other than a public utility tower authorized by a conditional use permit, must be set back from such property line an additional one (1) foot for every two (2) feet in height above thirty (30) feet.
b. 
Boundary walls or fences, six (6) feet in height or less, are permitted within the minimum side and rear yard setbacks required from property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
c. 
Light standards for parking lot lighting are allowed no closer than ten (10) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
J. 
Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280 "Off-street Parking and Loading Requirements".
K. 
Sign Regulations. Sign regulations are set forth in Section 415.400 "Sign Regulations".
[Ord. No. 1324 App. A §1003.145, 8-14-2006; Ord. No. 1527 §1, 7-14-2008]
A. 
Scope Of Provisions. This Section contains the district regulations of the "C-8" Planned Commercial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter, in the Subdivision Code of the City and other applicable City ordinances which are incorporated as part of this Section by this reference. The Planned Commercial District may be described in the manner outlined below.
B. 
Purpose. The "C-8" Planned Commercial District encompasses areas where developments and uses permitted in any of the other "C" Commercial Districts may be located. It is the purpose of these regulations to facilitate the establishment of combinations of developments and uses for which no provision is made in any other single "C" Commercial District or the establishment of developments and uses in locations appropriate under approved site plans and conditions. Such approved plans and conditions shall be consistent with good planning practice and compatible with permitted developments and uses in adjoining districts, so as to protect the general welfare, while promoting an environmentally sensitive design of improvements reflecting the natural characteristics of the site.
C. 
Establishment.
1. 
A Planned Commercial District may be established on a tract of land in single ownership or management control provided that:
a. 
The preliminary development plan and the application for change of zoning are approved by the City Council;
b. 
A site development plan is approved by the Planning Commission and recorded in compliance with requirements of this Section; and
c. 
The schedule of construction is complied with in accordance with the requirements of this Section.
2. 
A Planned Commercial District may be established by ordinance of the City Council in the same manner that other mapped districts are established where the City Council determines that any particular tracts or areas should be developed for commercial use, but because of possible conflicts with adjoining uses, more development control is necessary to protect the general welfare than is possible under the regulations of the other "C" Commercial Districts.
3. 
A Planned Commercial District shall not be established on any tract of land less than one (1) acre that has a common property line with any "R" Residence District or "NU" Non-Urban Residence District and does not have a common property line with any "C" Commercial or "M" Industrial District. However, this requirement shall not apply to properties of less than one (1) acre which are in a "C" Commercial or "M" Industrial District.
D. 
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
1. 
Subject only to approval of a site development plan by the Planning Commission:
a. 
Police, fire and postal stations.
b. 
Local public utility facilities.
c. 
Accessory uses incident to the above uses.
2. 
Permitted land use and developments shall be established in the conditions of the ordinance governing the particular Planned Commercial District; specific uses may include those uses designated as permitted, accessory or conditional in any of the "C" Commercial Districts" and any land use activity defined in the Town Center Regulating Plan under the categories of commercial, workplace, neighborhood center and neighborhood general.
E. 
Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500 "Conditional Use Permits":
1. 
Satellite dishes (see provisions of Section 415.380(R)).
2. 
Pay day loan establishments (cannot be located within two thousand six hundred forty (2,640) feet of a similar pay day loan establishment or two hundred (200) feet of an occupied residential unit).
F. 
Performance Standards. All uses established in a Planned Commercial District shall operate in accord with performance standards contained in Section 415.250 "Zoning Performance Standard Regulations". These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance governing the particular Planned Commercial District.
G. 
Height Limitations For Structures. Unless otherwise restricted by application of regulations in Section 415.240 "Air Navigation Space Regulations," the total height of any structure shall be limited by the conditions of the ordinance governing the particular Planned Commercial District or, in the case of a wireless support structure, disguised support structure or the substantial modification thereof, as authorized by Chapter 430 of the City Code.
[Ord. No. 2417, 12-10-2018]
H. 
Development Standards. The development standards and requirements for land uses in this district shall be as follows:
1. 
Minimum lot area. No minimum lot area shall be required for this district, except as specified in Section 415.190, but lot dimensions shall be sufficient to meet other requirements set forth in this Section or in the conditions of the ordinance governing the particular Planned Commercial District.
2. 
Development limitations. Not more than one (1) dwelling unit per each twelve thousand (12,000) square feet of lot area designated for such use shall be permitted in structures containing offices with affiliated dwelling units.
3. 
Minimum yard requirements—general. Setbacks for parking areas, internal drives, loading spaces and structures shall be established in the conditions of the ordinance governing the particular Planned Commercial District.
4. 
Particular yard requirements.
a. 
No parking area, internal drive, loading space or structure shall be permitted within forty (40) feet of a property line adjoining property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District. In addition to the minimum forty (40) feet, any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District shall be set back an additional one (1) foot for every two (2) feet in height above thirty (30) feet. Greater setbacks may be required by condition if necessary to ensure compatibility with adjoining developments or uses.
b. 
Boundary walls or fences, six (6) feet in height or less, are permitted within the minimum yard requirements, unless otherwise restricted in the conditions of the ordinance governing the particular Planned Commercial District.
5. 
Off-street parking and loading requirements. The off-street parking and loading requirements for any use or building in a Planned Commercial District shall be the same as any other "C" Commercial District as set forth in Section 415.280, "Off-Street Parking and Loading Requirements" unless otherwise established in the ordinance governing the particular Planned Commercial District.
6. 
Natural resources and tree preservation standards. The natural resources standards established by Section 415.540 and the tree canopy requirements established by the Tree Preservation Code may be modified in the conditions of the ordinance governing the particular Planned Commercial District pursuant to Subsection (J).
7. 
Design specifications for public and other required improvements. The otherwise applicable specifications for public or other required improvements may be modified in the conditions of the ordinance governing the particular Planned Commercial District pursuant to Subsection (J).
I. 
Sign Regulations. Specific sign regulations shall be established in the conditions of the ordinance governing the Planned Commercial District in accord with the provisions of Section 415.400 "Sign Regulations". However, in no instance shall these requirements be less restrictive than sign regulations for any of the other "C" Commercial Districts.
J. 
Standards For Modifications. No development standard shall be established pursuant to Subsection (H)(1—5) that lessens a regulation otherwise applicable to other "C" Commercial Districts and no modification shall be approved of an otherwise applicable development regulation pursuant to Subsections (H)6—7) unless, after review by the Planning and Zoning Commission and Director of Planning, the City Council shall determine the proposed standard or modification:
1. 
Will achieve the specific purposes a "C-8" is intended to meet as a condition of its approval pursuant to this Section;
2. 
Will not violate the general purposes, goals and objectives of the zoning and subdivision ordinances, other applicable development regulations and the City of Wildwood Master Plan; and
3. 
Will address any negative impacts that may result from such lesser standard or modification through appropriate mitigating actions.
No modifications shall be implied and all such modifications shall be expressly set forth with reference to the authority in this Subsection.
K. 
Procedure For Establishment Of "C-8" Or Approval Of Site Plan In Existing "C-8". In order to establish a Planned Commercial District through a change of zoning or to obtain approval of a site development plan in order to utilize land in an established Planned Commercial District, the procedure shall be as follows:
1. 
Application. The owner or owners of record or owners under contract of a lot or tract of land or their authorized representatives shall petition the City Council on forms prescribed for this purpose by the Planning Commission. These forms are to be submitted to the Department of Planning and accompanied by the following:
a. 
Filing fee per requirements of Section 415.550 "Fees";
b. 
Legal description of the property;
c. 
Outboundary plat of the property;
d. 
Preliminary development plan depicting, but not limited to, the following:
(1) 
Proposed uses. In single-lot developments approximate location of buildings and other structures as well as parking areas shall be indicated. In multiple-lot developments, conceptual locations and configuration of buildings, approximate locations of common ground areas, major utility easements and stormwater retention areas shall be indicated.
(2) 
Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum. Floodplain areas shall be delineated.
(3) 
Approximate location of all isolated trees having a trunk diameter of six (6) inches or more than one (1) foot above grade, all tree masses and proposed landscaping.
(4) 
Two (2) section profiles through the site showing preliminary building form, existing natural grade and proposed final grade.
(5) 
Proposed ingress and egress to the site, including adjacent streets and approximate alignments of internal roadway systems.
(6) 
Preliminary plan for sanitation and drainage facilities.
2. 
Public hearing. A public hearing on the petition shall be held in accordance with the provisions of Section 415.560 "Procedure for Amending the Zoning Ordinance", provided however, a public hearing shall be set within forty-five (45) days of a determination by the Department of Planning that a fully conforming petition, fee and related plan, documents and required information has been submitted to and received by the Department of Planning.
3. 
Planning Commission recommendation. No action shall be taken by the City Council with respect to the petition until it has received the recommendation of the Planning Commission. The recommendation shall address general planning considerations, including consistency with good planning practice and compatibility with adjoining permitted developments and uses. A recommendation of approval shall include recommended conditions to be included in the ordinance authorizing the establishment of the Planned Commercial District or approval of the site development plan in a Planned Commercial District. Such conditions shall include, but not be limited to, the following:
a. 
Permitted uses, including maximum floor area;
b. 
Performance standards;
c. 
Height limitations;
d. 
Minimum yard requirements;
e. 
Off-street parking and loading requirements;
f. 
Sign regulations;
g. 
Minimum requirements for site development plans;
h. 
Time limitations for commencement of construction.
i. 
Impact fees or dedications reasonably attributable and proportional to the impact or costs resulting from the proposed development.
4. 
Site development plans.
a. 
After passage by the City Council of an ordinance authorizing the establishment of a Planned Commercial District and requiring submission of a site development plan, such plans shall be submitted in accord with the following provisions. No building permits in authorization for improvement or development for any use requested under provisions of this Chapter shall be issued prior to approval of such plans.
b. 
Plans shall be submitted to the Planning Commission for review and approval. These plans shall contain the minimum requirements established in the conditions of the specific ordinance governing the Planned Commercial District and, further, shall comply with provisions of the subdivision ordinance (see Chapter 420) and other applicable ordinances.
c. 
Within sixty (60) days of approval, the site development plan shall be recorded with the St. Louis County Recorder of Deeds and thereby authorize development as depicted thereon with a copy to be filed with the City of Wildwood.
L. 
Procedure For Amendment Of Conditions Or Plans. In order to amend the provisions of an existing "C-8" District ordinance or to amend the recorded site development plan approved for the Planned Commercial District, the procedure shall be as follows:
1. 
To amend the "C-8" District ordinance:
a. 
The property owner or authorized representative shall submit a written request to amend ordinance conditions to the Department of Planning for review. The Department shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.
b. 
If the Department of Planning determines that the requested amendment is consistent in purpose and content with the original proposal as advertised, the Department shall so report to the Planning Commission. The Planning Commission shall review the request and the report of the Department and then forward a recommendation to the City Council. A recommendation of approval shall include conditions to be included in the amended ordinance.
c. 
If the Department of Planning determines that the requested amendment is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, the Department shall so report to the applicant and the Planning Commission. The Planning Commission shall then review the proposed ordinance amendment and forward a recommendation to the City Council. The Planning Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with the proceedings specified in Section 415.560 "Procedure for Amending the Zoning Ordinance".
2. 
To amend the recorded site development plan or site development concept plan approved for the Planned Commercial District:
a. 
The property owner or authorized representative shall submit an amended site development (concept) plan to the Department of Planning for review. The Department shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing and the preliminary development plan approved by the City Council.
b. 
If the Department of Planning determines that the proposed amendment to the site development plan is major in nature and is not in conflict with the original proposal as advertised and the approved preliminary development plan and meets all conditions of the Planned Commercial District ordinance, said plan shall be reviewed and approved by the Planning Commission. Said amended plan shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.
c. 
If the Department of Planning determines that the proposed amendment to the site development plan is minor in nature and is not in conflict with the original proposal as advertised and the preliminary development plan and meets all conditions of the Planned Commercial District ordinance, the Department may approve said amended plan. Said plan shall be retained on file by the Department of Planning.
However, when conditions of a particular Planned Commercial District ordinance are amended which necessitate an amended site development plan, the Commission shall review and approve said amended plans and they shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.
d. 
If the Department of Planning determines that the proposed amendment to the site development plan is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing or with the preliminary development plan approved by the City Council, the Department shall so report to the applicant and the Planning Commission. The Planning Commission shall then review the proposed site plan amendment and make a final determination. The Planning Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 415.560 "Procedure for Amending the Zoning Ordinance".
e. 
All amendments to site development concept plans shall be reviewed and approved by the Planning Commission and shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.
f. 
The Planning Commission may approve partial amended site development plans, site development concept plans and site development section plans for developments approved prior to enactment of this Chapter when the conditions of the ordinance governing such particular "C-8" Planned Commercial District do not permit review of development plans in accord with the provisions of this Section. Such partial amended plans shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.
3. 
To amend a site development section plan approved for a Planned Commercial District. If the Department of Planning determines that the proposed amendment to the site development section plan is not in conflict with the approved site development concept plan and meets all conditions of the Planned Commercial District ordinance, the Department may approve said amended plan. Said plan shall be retained on file by the Department of Planning.
4. 
Appeal to Commission of a decision by the Department in reviewing development plans. The petitioner/developer may appeal a decision by the Department of Planning, in cases where the Department of Planning is authorized to review development plans, to the Planning Commission. The petitioner shall have a fifteen (15) day period in which to file a written appeal and plan with the Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the Department. The Commission will make the final determination of the matter. No exceptions will be granted that are in violation of the particular ordinance governing the development plan.
M. 
Guarantee Of Improvements. Unless otherwise provided for in the conditions of the ordinance governing a particular Planned Commercial District, no building permits or permits authorizing the occupancy or use of a building, facility, commercial establishment or service concern may be issued nor shall be effective until required related off-site improvements are constructed or cash or a surety bond is posted covering their estimated cost as determined by the Department of Planning. This requirement shall not apply to foundation permits or permits necessary for the installation of required related off-site improvements. Required related off-site improvements shall include, but not be limited to, streets, sidewalks, sanitary and storm sewers, street lights and street trees. If a Planned Commercial District is developed in sections, the requirement shall also apply to all major improvements necessary to the proper operation and function of the section in question, even though such improvements may be located outside of the section in question.
N. 
Failure To Commence Construction. Substantial construction shall commence within the time period specified in the conditions of the ordinance governing the Planned Commercial District, unless such time period is extended by the Planning Commission. If substantial construction or development does not begin within the time period specified in the conditions of the ordinance governing the district or extensions authorized therein, the Director of Planning and Parks shall notify the Planning Commission within forty-five (45) days of that date to initiate a resolution of intent for the purpose of a new public hearing reverting the property to its prior zoning classification in accord with proceedings specified in Section 415.560 "Procedure for Amending the Zoning Ordinance". No building or occupancy permit shall be issued for the development or use of the property until completion of action by the City Council on the proceedings to rezone the property in accord with the provisions of the above noted Section.
[Ord. No. 1324 App. A §1003.151, 8-14-2006; Ord. No. 1457 §1, 12-10-2007; Ord. No. 1553 §1, 9-8-2008]
A. 
Scope Of Provisions. This Section contains the district regulations of the "M-1" Industrial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference. The "M-1" Industrial District encompasses areas wherein may be achieved a satisfactory correlation of factors such as adequate transportation facilities, accessibility to dwelling areas, efficient land assembly, adequate topographic conditions and adequate provision of public utility facilities required by industry.
B. 
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
[Ord. No. 2417, 12-10-2018]
1. 
Agriculturally-based businesses, including the retail sales of vegetables, fruits and closely related goods, as part of a produce stand, along with corn mazes and other recreational facilities complementing the growing and raising of crops.
2. 
Athletic fields, not including lighting.
3. 
Business, professional and technical training schools.
4. 
Gymnasiums, indoor swimming pools, indoor handball and racquetball courts (public or private) and indoor and unlighted outdoor tennis courts (public or private).
5. 
Laundries and dry cleaning plants, not including personal and individual drop-off and pickup service.
6. 
Manufacturing, fabrication, assembly, processing or packaging of any commodity from semi-finished materials, except explosives or flammable gases or liquids.
7. 
Offices or office buildings.
8. 
Parking areas, including garages.
9. 
Police, fire and postal stations.
10. 
Printing and duplicating services.
11. 
Public utility facilities.
12. 
Radio, television and communication studios, transmitting or relay towers, antennas and other such facilities no greater in height than two hundred (200) feet above the average finished ground elevation at the perimeter of such structure.
13. 
Railroad switching yards.
14. 
Research laboratories and facilities.
15. 
Sales and renting of equipment and vehicles used by business, industry and agriculture, excluding retail automobile sales.
16. 
(Reserved)
17. 
Terminals for trucks, buses, railroads and watercraft.
18. 
Union halls and hiring halls.
19. 
Wholesaling or warehousing of manufactured commodities except live animals, explosives or flammable gases.
20. 
Wireless support structures, disguised support structures or substantial modifications thereof that are no greater in height than two hundred (200) feet AGL.
21. 
Yards for storage of contractors' equipment, materials and supplies, excluding junk yards and salvage yards.
C. 
Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500 "Conditional Use Permits":
[Ord. No. 2201, 8-8-2016; Ord. No. 2353, 4-9-2018; Ord. No. 2417, 12-10-2018]
1. 
Airports, landing strips and heliports.
2. 
Athletic fields, including lighting.
3. 
Business service establishments.
4. 
Filling stations, including emergency towing and repair services.
5. 
(Reserved)
6. 
Manufacturing of explosives and flammable gases and liquids.
7. 
Radio, television and communication studios, transmitting or relay towers, antennas and other such facilities greater in height than two hundred (200) feet above the average finished ground elevation at the perimeter of such structure.
8. 
Restaurants.
9. 
Sales yards operated for a charitable purpose by a church, school or other not-for-profit organization.
10. 
Satellite dishes (see provisions of Section 415.380(R)).
11. 
Towed vehicle storage yards, wherein no individual vehicle may be stored for a period exceeding ninety (90) days and involving no auto repair and no salvage or sale of automobile parts. A ten-foot high sightproof fence shall be provided along all limits of the property.
12. 
Sewage treatment facilities.
13. 
Vehicle repair facilities.
14. 
Vehicle service centers.
15. 
Warehousing, storage or wholesaling of live animals, explosives or flammable gases and liquids.
16. 
Wireless support structures, disguised support structures or substantial modifications thereof that are greater in height than two hundred (200) feet AGL.
17. 
Churches shall be allowed on tracts of land of at least one (1) acre in area.
18. 
Sexually oriented businesses.
D. 
Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:
1. 
Devices for the generation of energy, such as solar panels, wind generators and similar devices.
2. 
Dwelling or lodging units, only for watchmen, caretakers or other personnel whose residence is essential to the operation of a permitted or conditional use or uses.
3. 
Individual sewage treatment facilities serving an individual building or use as approved by the appropriate regulatory agency. The sewage treatment facility shall not exceed five thousand (5,000) gallons per day flow.
4. 
Signs (business, directional and information).
E. 
Performance Standards. All uses in the "M-1" Industrial District shall operate in conformity with the appropriate performance standards contained in Section 415.250 "Zoning Performance Standard Regulations".
F. 
Height Limitations For Structures. Radio, television, public utility and communication towers, wireless support structures and disguised support structures permitted in this district or authorized by conditional use permit may be erected, or substantially modified, to any height as authorized by Chapter 430 of the City Code not in conflict with the provisions of Section 415.240 "Air Navigation Space Regulations." Unless otherwise restricted by application of regulations in Section 415.240 "Air Navigation Space Regulations" of this Chapter, the total height of any other structure, not including roof top mechanical equipment attached to such structures, shall not exceed two hundred (200) feet above the average finished ground elevation at the perimeter of such structure.
[Ord. No. 2417, 12-10-2018]
G. 
Lot Area And Yard Requirements. The lot area and yard requirements in the "M-1" Industrial District shall be as follows:
1. 
Minimum lot area requirements. Towed vehicle storage yards shall be situated on tracts of land at least one (1) acre in area. No minimum lot area is established for other uses in this district, but lot dimensions shall be sufficient to meet other requirements set forth in this Section.
2. 
Front yard—general. No structure is allowed within thirty (30) feet of any roadway right-of-way line.
3. 
Front yard—specific regulations and exceptions.
a. 
Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.
b. 
Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback.
c. 
Permitted information signs, six (6) feet in height or less, are allowed within the minimum front yard setback.
d. 
Permitted directional signs, three (3) feet in height or less, are allowed within the minimum front yard setback.
e. 
Light standards for parking lot lighting and freestanding business signs are allowed no closer than twenty-five (25) feet from any roadway right-of-way line.
f. 
Light standards for street lighting or at points of ingress and egress are allowed within the minimum front yard setback when approved by the Department of Planning.
g. 
Required fencing for towed vehicle storage yards is allowed no closer than twenty-five (25) feet from any roadway right-of-way line. The setback shall be adequately landscaped as approved on a plan by the Department of Planning.
h. 
Any area used for the outdoor storage or display of merchandise, equipment or vehicles which is located opposite and visible from property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District shall be effectively screened by a six (6) foot high sightproof fence if determined necessary and required by the Department of Planning on review of a site plan for such use. The Department of Planning may approve the use of topographic features, landscaping or walls in lieu of fencing where such alternates are determined to be appropriate.
4. 
Side yards and rear yards—general. No structure or any storage or display of materials, equipment or vehicles is allowed within ten (10) feet of any side or rear property line.
5. 
Side yards and rear yards—specific regulations and exceptions.
a. 
No structure or any storage or display of merchandise, equipment or vehicles is allowed within twenty-five (25) feet of a property line adjoining property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
b. 
Any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District, other than a public utility tower authorized by a conditional use permit or wireless support structure, disguised support structure or substantial modification thereof subject to Chapter 430 of the City Code, radio, television, public utility and communication tower authorized by a conditional use permit, must be set back from such property line an additional one (1) foot for every two (2) feet in height above thirty (30) feet.
[Ord. No. 2417, 12-10-2018]
c. 
Any area used for the outdoor storage or display of merchandise, equipment or vehicles which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District shall be effectively screened by a six (6) foot high sightproof fence located no closer than ten (10) feet from said adjoining property line. The setback shall be adequately landscaped as approved on a plan by the Department of Planning. When requested by the property owner, the Department of Planning may approve the use of topographic features, landscaping or walls in lieu of fencing where such alternates will achieve comparable effect.
d. 
Required fencing for towed vehicle storage yards shall be located no closer than twenty-five (25) feet from any adjoining property line. This setback shall be adequately landscaped as approved on a plan by the Department of Planning.
e. 
All other boundary walls or fences six (6) feet in height or less are permitted within the minimum side and rear yard setbacks required from property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
f. 
Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
H. 
Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280 "Off-Street Parking and Loading Requirements".
I. 
Sign Regulations. Sign regulations are set forth in Section 415.400 "Sign Regulations".
[Ord. No. 1324 App. A §1003.155, 8-14-2006]
A. 
Scope Of Provisions. This Section contains the district regulations of the "M-3" Planned Industrial District. The regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter, in the Subdivision Code of the City and other applicable City ordinances which are incorporated as part of this Section by this reference. The Planned Industrial District may be described in the manner outlined below.
B. 
Purpose. The "M-3" Planned Industrial District of the City of Wildwood encompasses areas wherein may be located developments and uses permitted in any of the other "M" Industrial Districts and such development and use designated in the "C" Commercial Districts as may be specifically related to a particular industrial activity or complex. It is the purpose of these regulations to facilitate the establishment of combinations of developments and uses not provided for in other "M" Industrial Districts or the establishment of developments and uses in locations appropriate under approved site plans and conditions. Such approved plans and conditions shall be consistent with good planning practice and compatible with permitted developments and uses in adjoining districts, so as to protect the general welfare, while promoting an environmentally sensitive design or improvements reflecting the natural characteristics of the site.
C. 
Establishment.
1. 
A Planned Industrial District may be established on a tract of land in single ownership or management control provided that:
a. 
The preliminary development plan and the application for change of zoning are approved by the City Council;
b. 
A site development plan is approved by the Planning Commission and recorded in compliance with requirements of this Section; and
c. 
The schedule of construction is complied with in accordance with the requirements of this Section.
2. 
A Planned Industrial District may be established by ordinance of the City Council in the same manner that other mapped districts are established where the City Council determines that any particular tracts or areas should be developed for industrial use, but because of possible conflicts with adjoining uses, more development control is necessary to protect the general welfare than is possible under the regulations of the other "M" Industrial Districts.
D. 
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
1. 
Subject only to approval of a site development plan by the Planning Commission:
a. 
Police, fire and postal stations.
b. 
Local public utility facilities.
c. 
Correctional institutions.
d. 
Accessory uses incident to the above uses.
2. 
Permitted land uses and developments shall be established in the conditions of the ordinance governing the particular Planned Industrial District; specific uses may include uses designated as permitted, accessory or conditional uses in any of the "M" Industrial Districts and those uses in the "C" Commercial Districts which are specifically related to a particular industrial activity or complex.
E. 
Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500 "Conditional Use Permits": [Ord. No. 2201 § 4, 8-8-2016; Ord. No. 2353, 4-9-2018]
1. 
Satellite dishes (provisions of Section 415.380(R)).
2. 
Sexually oriented businesses.
3. 
Tattoo Parlors (any establishment whose principle activity, either in terms of its operation or as offered to the public from its licensed space, is the practice of one (1) or more of the following: (1) placing an indelible mark made on the body of another person by the insertion of a pigment under the skin; (2) placing an indelible design made on the body of another person by production of scars; (3) placing a permanent mark made on human tissue by burning with a hot iron or other instrument; or (4) the perforation of human tissue other than an ear for a non-medical purpose).
4. 
Vapor (Vape) Lounges (any establishment whose business is primarily devoted to the serving of electronic smoking devices for consumption on the premises, in which the gross annual revenues generated by sales of electronic smoking devices and accessories thereto are greater than fifty percent (50%) of the gross annual revenues for the establishment and the serving of food, alcohol or other goods is only incidental to the sale and consumption of such electronic smoking devices and accessories. For the purposes of this Subsection, revenues will be determined based on the previous calendar year, and, the term "electronic smoking device" shall have the same meaning as set forth in Section 210.375 of this Code).
F. 
Performance Standards. All uses established in a Planned Industrial District shall operate in accord with performance standards contained in Section 415.250 "Zoning Performance Standard Regulations". These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance governing the particular Planned Industrial District.
G. 
Height Limitations For Structures. Unless otherwise restricted by application of regulations in Section 415.240 "Air Navigation Space Regulations" of this Chapter, the total height of any structure shall be limited by the conditions in the ordinance governing the particular Planned Industrial District or in the case of a wireless support structure, disguised support structure or substantial modification thereof subject to Chapter 430 of the City Code.
[Ord. No. 2417, 12-10-2018]
H. 
Lot Area And Yard Requirements. The lot area and minimum yard requirements for land uses in this district shall be as follows:
1. 
Minimum lot area. The minimum lot area requirements for any use or building in a Planned Industrial District shall be as established in the conditions contained in the ordinance authorizing the establishment of the particular Planned Industrial District.
2. 
Minimum yard requirements—general. Setbacks for parking areas, internal drives, loading spaces and structures shall be established in the conditions of the ordinance governing the particular Planned Industrial District.
3. 
Minimum yard area—specific regulations.
a. 
No parking area, internal drive, loading space or structure shall be permitted within twenty (20) feet of a property line adjoining property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District. In addition to the minimum twenty (20) feet, any structure exceeding thirty (30) feet in height which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District shall be set back an additional one (1) foot for every two (2) feet in height above thirty (30) feet. Greater setbacks may be required by condition if necessary to ensure compatibility with adjoining developments or uses.
b. 
Boundary walls or fences, six (6) feet in height or less, are permitted within the minimum yard requirements, unless otherwise restricted in the conditions of the ordinance governing the particular Planned Industrial District.
I. 
Off-Street Parking And Loading Requirements. The minimum off-street parking and loading requirements for any use or building in a Planned Industrial District shall not be reduced below that required for the same use in any other "M" Industrial or "C" Commercial District as set forth in Section 415.280 "Off-Street Parking and Loading Requirements". These requirements may exceed minimum standards as required by condition where determined necessary. However, where the Planned Industrial District includes two (2) or more uses, the Planning Commission may recommend, and the City Council may approve, a total reduction of not more than twenty percent (20%) or thirty percent (30%) for developments greater than two hundred thousand (200,000) square feet of gross floor area under single ownership or management control of the required off-street parking and loading spaces where it has been demonstrated by study of the combined uses and customary operation of the uses that adequate parking would be provided. The Planning Commission may recommend a further parking reduction beyond thirty percent (30%) for developments greater than three hundred thousand (300,000) square feet of gross floor area under single ownership or management control based on a similar approved study as above.
J. 
Sign Regulations. Specific sign regulations shall be established in the conditions of the ordinance governing the Planned Industrial District in accord with the provisions of Section 415.400 "Sign Regulations". However, in no instance shall they be less restrictive than sign regulations for any of the other "M" Industrial Districts.
K. 
Procedure For Establishment Of District Or Approval Of Site Plan In Existing "M-3". In order to establish a Planned Industrial District through a change of zoning or to obtain approval of a site development plan for a Planned Industrial District in order to utilize land in an established Planned Industrial District, the procedure shall be as follows:
1. 
Application. The owner or owners under contract of a lot or tract of land or his authorized representative shall petition the City of Wildwood on forms prescribed for this purpose by the Planning Commission. These forms shall be submitted to the Department of Planning accompanied by the following:
a. 
Filing fee per requirements of Section 415.550 "Fees".
b. 
Legal description of the property.
c. 
Outboundary plat of the property.
d. 
Preliminary development plan depicting, but not limited to, the following:
(1) 
Proposed uses. In single-lot developments approximate location of buildings and other structures, as well as parking areas, shall be indicated. In multiple-lot developments, conceptual location and configuration of buildings, approximate location of common ground areas, major utility easements and stormwater retention areas shall be indicated.
(2) 
Existing and proposed contours at intervals of not more than five (5) feet referred to sea level datum. Floodplain areas shall be delineated.
(3) 
Approximate location of all isolated trees having a trunk diameter of six (6) inches or more one (1) foot above grade, all tree masses and proposed landscaping.
(4) 
Two (2) section profiles through the site showing preliminary building form, existing natural grade and proposed final grade.
(5) 
Proposed ingress and egress to the site, including adjacent streets and approximate alignments of internal roadway systems.
(6) 
Preliminary plan for sanitation and drainage facilities.
2. 
Public hearing. A public hearing on the petition shall be held in accordance with the provisions of Section 415.560 "Procedures for Amending the Zoning Ordinance", provided however, that a public hearing shall be set within forty-five (45) days of acceptance of the petition, fee and related plans and documents by the Department of Planning.
3. 
Planning Commission recommendation. No action shall be taken by the City Council with respect to the petition until it has received the recommendation of the Planning Commission. Said recommendation shall address general planning considerations, including consistency with good planning practice and compatibility with adjoining permitted developments and uses. A recommendation of approval shall include recommended conditions to be included in the ordinance authorizing the establishment of the Planned Industrial District or approval of the site development plan in a Planned Industrial District. Such conditions shall include, but not be limited to, the following:
a. 
Permitted uses, including maximum floor area.
b. 
Performance standards.
c. 
Height limitations.
d. 
Minimum yard requirements.
e. 
Off-street parking and loading requirements.
f. 
Sign regulations.
g. 
Minimum requirements for site development plans.
h. 
Time limitations for commencement of construction.
i. 
Impact fees or dedications reasonably attributable and proportional to the impact or costs resulting from the proposed development.
4. 
Site development plans.
a. 
After passage by the City Council of an ordinance authorizing the establishment of a Planned Industrial District and requiring submission of a site development plan or site development concept plan, said plans shall be submitted in accord with the following provisions. No building permits or authorization for improvement or development for any use requested under provisions of this Chapter shall be issued prior to approval of such plans.
b. 
Plans shall be submitted to the Planning Commission for review and approval. Said plans shall contain the minimum requirements established in the conditions of the specific ordinance governing the Planned Industrial District and, further, shall comply with provisions of the subdivision ordinance, Chapter 420, and other applicable City ordinances.
c. 
Within sixty (60) days of approval, the site development plan or site development concept plan shall be recorded with the St. Louis County Recorder of Deeds and thereby authorize development as depicted thereon with a copy to be filed with the City of Wildwood.
d. 
In the case of single-lot/multiple building development or multiple-lot developments where a site development concept plan is required, site development section plans shall be submitted to the Department of Planning for review and approval per individual building, lot, phase or plat representing a portion of the site development concept plan. The approved section plans shall be retained on file by the Department of Planning.
L. 
Procedure For Amendment Of Conditions Or Plans.
1. 
To amend the "M-3" District ordinance.
a. 
The property owner or authorized representative shall submit a written request to amend ordinance conditions to the Department of Planning for review. The Department shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.
b. 
If the Department of Planning determines that the requested amendment is consistent in purpose and content with the nature of the original proposal as advertised, the Department shall so report to the Planning Commission. The Planning Commission shall review the request and the report of the Department, then forward a recommendation to the City Council. A recommendation of approval shall include conditions to be included in the amended ordinance.
c. 
If the Department of Planning determines that the requested amendment is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, the Department shall so report to the applicant and the Planning Commission. The Planning Commission shall then review the proposed ordinance amendment and forward a recommendation to the City Council. The Planning Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with the proceedings specified in Section 415.560 "Procedure for Amending the Zoning Ordinance".
2. 
To amend the recorded site development plan or site development concept plan approved for the Planned Industrial District.
a. 
The property owner or authorized representative shall submit an amended site development (concept) plan to the Department of Planning for review. The Department shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing and the preliminary development plan approved by the City Council.
b. 
If the Department of Planning determines that the proposed amendment to the site development plan is major in nature and is not in conflict with the original proposal as advertised and the approved preliminary development plan and meets all conditions of the Planned Industrial District ordinance, said plan shall be reviewed and approved by the Planning Commission. Said amended plan shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.
c. 
If the Department of Planning determines that the proposed amendment to the site development plan is minor in nature and is not in conflict with the original proposal as advertised and the preliminary development plan and meets all conditions of the Planned Industrial District ordinance, the Department may approve said amended plan. Said plan shall be retained on file by the Department of Planning.
However, when conditions of a particular Planned Industrial District ordinance are amended which necessitate an amended site development plan, the Commission shall review and approve said amended plans and they shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.
d. 
If the Department of Planning determines that the amendment to the site development plan is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing or with the preliminary development plan approved by the City Council, the Department shall so report to the applicant and the Planning Commission. The Planning Commission shall review the proposed site plan amendment and make a final determination. The Planning Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 415.560 "Procedure for Amending the Zoning Ordinance".
e. 
All amendments to site development concept plans shall be reviewed and approved by the Planning Commission and shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.
f. 
The Planning Commission may approve partial amended site development plans, site development concept plans and site development section plans for developments approved prior to enactment of this Chapter when the conditions of the ordinance governing such particular "M-3" Planned Industrial Districts do not permit review of development plans in accord with the provisions of this Section. Such partial amended plans shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.
3. 
To amend a site development section plan approved for a Planned Industrial District. If the Department of Planning determines that the proposed amendment to the site development section plan is not in conflict with the approved site development concept plan and meets all conditions of the Planned Industrial District ordinance, the Department may approve said amended plan. Said plan shall be retained on file by the Department of Planning.
4. 
Appeal to Commission of a decision by the Department in reviewing development plans. The petitioner/developer may appeal a decision of the Department of Planning, in cases where the Department of Planning is authorized to review development plans, to the Planning Commission. The petitioner shall have a fifteen (15) day period in which to file a written appeal and plan with the Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the Department. The Commission will make the final determination of the matter. No exceptions will be granted that are in violation of the particular ordinance governing the development plan.
M. 
Guarantee Of Improvements. Unless otherwise provided for in the conditions of a particular Planned Industrial District, no building permits or permits authorizing the occupancy or use of a building, facility, industrial or commercial establishment or service concern may be issued until required related off-site improvements are constructed or cash or a surety bond is posted covering their estimated cost as determined by the Department of Planning. This requirement shall not apply to foundation permits or permits necessary for the installation of required related off-site improvements. Required related off-site improvements shall include, but not be limited to, streets, sidewalks, sanitary and storm sewers, street lights and street trees. If a Planned Industrial District is developed in sections, the requirement shall also apply to all major improvements necessary to the proper operation and function of the section in question, even though such improvements may be located outside of the section in question.
N. 
Failure To Commence Construction. Substantial construction shall commence within the time period specified in the conditions of the ordinance governing the Planned Industrial District, unless such time period is extended by the Planning Commission. If substantial construction or development does not begin within the time period specified in the conditions of the ordinance governing the district or extensions authorized therein, the Planning Commission shall within forty-five (45) days initiate a resolution of intent for the purpose of a new public hearing to revert the property to its prior zoning classification in accord with the proceedings specified in Section 415.560 "Procedure for Amending the Zoning Ordinance". No building or occupancy permit shall be issued for the development or use of the property until completion of action by the City Council on the proceedings to rezone the property in accord with the provisions of the above noted Section.
[Ord. No. 1324 App. A §1003.157, 8-14-2006; Ord. No. 1399 §1, 4-23-2007; Ord. No. 2267, 5-22-2017]
A. 
Intent And Purpose. This Section contains the specific regulations for the establishment of the City of Wildwood's Architectural Review Board. The purpose of the Architectural Review Board is to review, comment and act upon design, function and aesthetic issues and elements relative to all buildings and structures to be constructed in the Town Center District or any other zoning district designation in the City. This review authority shall not apply to single-family dwellings not located within the Town Center District as designated on the Comprehensive Zoning Map adopted by the City Council of the City of Wildwood, Missouri. The Architectural Review Board shall also establish appropriate meeting procedures to undertake, coordinate and complete their required responsibilities in a timely manner as described by this Chapter, including participating with other boards and commissions of the City.
B. 
Definitions. For the purposes of this Section, the following words and phrases are defined as follows:
ARB
The City of Wildwood Architectural Review Board.
ARCHITECT
Any person authorized pursuant to the provisions of Chapter 327, RSMo., to practice architecture in Missouri as the practice of architecture is defined in Section 327.091, RSMo., 2000, as amended, or as otherwise approved by the City Council.
ARCHITECTURAL STANDARDS AND GUIDELINES
The specific requirements applied by the Architectural Review Board in the administration of their powers and duties, which are defined by Section 415.380(1)(2), Miscellaneous Regulations – Architectural Review in all Districts and the architectural guidelines of the Town Center Plan as they may be amended from time to time by the Architectural Review Board.
AREA
A specific geographic division of the City of Wildwood.
CONSTRUCTION
The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property.
ENGINEER
Any person authorized pursuant to the provisions of Chapter 327, RSMo., to practice engineering in Missouri as the practice of engineering is defined in Section 327.181, RSMo., 2000, as amended.
LANDSCAPE ARCHITECT
Any person authorized pursuant to the provisions of Chapter 327, RSMo., to practice landscape architecture in Missouri as the practice of landscape architecture is defined in Section 327.603, RSMo., 2000, as amended.
REVIEW MATERIALS
All materials identified on the policy memorandum approved by the Architectural Review Board and titled "Submittal Requirements of the City of Wildwood's Architectural Review Board" as it may be amended from time to time by the Architectural Review Board.
URBAN PLANNER
Any person having received a degree in urban planning from an accredited college or university with applicable and current background and employment in the field.
C. 
Scope And Application. Every application for a building permit for the construction or alteration of any building or structure within the boundaries of the Town Center or in any zoning district outside these boundaries, except as noted elsewhere in this Chapter, shall be submitted to the Architectural Review Board for consideration and action based upon the standards and guidelines currently in place at the time of the submittal. This requirement shall not apply to alterations and repairs not affecting the exterior appearance of the building or structure and existing non-conforming uses for which an exemption to the Town Center or general standards of the Zoning Code's miscellaneous regulations has been granted per the site specific ordinance governing the property or by the underlying regulations of the applicable code.
D. 
General Requirements.
1. 
Composition of Architectural Review Board.
a. 
The Architectural Review Board shall consist of five (5) residents of the City of Wildwood, all of whom shall be appointed by the Mayor with the consent of a majority of members of the City Council. Three (3) alternate members may be appointed to serve in the absence or the disqualification of the regular members. These alternate members shall not be represented as licensed, practicing architects, as part of their participation on this Board, unless otherwise having said registration (as defined herein). In addition, one (1) member of the City Council shall serve as a non-voting liaison to the Board. All five (5) members of the Architectural Review Board shall be practicing, licensed architects.
b. 
Alternate members of the Architectural Review Board shall be either practicing, licensed architects, engineers or landscape architects and/or urban planners, as defined herein (see Section 415.220(B), Definitions), or as otherwise approved by the City Council.
2. 
Terms.
a. 
The terms of office for the members of the Architectural Review Board shall be for a period of three (3) years commencing on June first (1st) of the year of their appointment and ending on May thirty-first (31st) of the year in which they complete their tenure as a Board member, unless otherwise appointed. The initial composition of the Board shall consist of the five (5) members currently appointed to the advisory Architectural Review Board. Upon appointment and at the first (1st) meeting of the new Board, the members shall choose the length of their terms by lot. One (1) member shall serve for a one-year period, two (2) for two (2) years and two (2) for three-year period. All succeeding terms shall be for three (3) years. Anyone filling a vacancy shall be appointed for the remainder of the unexpired term of the member leaving the Architectural Review Board.
b. 
The terms of office for the alternate members of the Architectural Review Board shall be for a period of two (2) years commencing on June first (1st) of the year of their appointment and ending on May thirty-first (31st) of the year in which they complete their tenure as an alternate to the Architectural Review Board, unless otherwise reappointed. Alternates may continue to serve in these positions past the two (2) year appointment, until otherwise replaced by the Mayor and City Council. The membership of the first (1st) alternates appointed shall serve respectively, one (1) for one (1) year and two (2) for two (2) years. Thereafter, as noted above, members shall be appointed for terms of two (2) years.
c. 
The Architectural Review Board shall hold at least one (1) meeting per month or as otherwise directed by the Chair. Any member of the Architectural Review Board who falls to attend at least fifty percent (50%) of all meetings within any calendar year of service, regular or special, shall thereby automatically vacate the membership position. Appointment of a replacement shall be to complete the unexpired term and made in the same manner as described in Subsection (D)(1).
3. 
Officers. Officers shall consist of a Chair, Vice Chair and Secretary elected by the Architectural Review Board who shall each serve a term of one (1) year and shall be eligible for re-election. The City Council representative shall not be eligible to serve as an officer. The Chair shall preside over meetings. In the absence of the Chair, the Vice Chair shall perform the duties of the Chair. If both are absent, a temporary Chair shall be elected to oversee the meeting by those in attendance. The Secretary of the Architectural Review Board shall have the following duties (these duties may be assigned to the Department of Planning upon the agreement of the Architectural Review Board):
a. 
Take minutes of each Architectural Review Board meeting;
b. 
Be responsible for publication and distribution of copies of the minutes, reports and decisions to the members of the Architectural Review Board;
c. 
Give notice to the City Clerk for posting as provided herein by law for all public meetings conducted by the Architectural Review Board;
d. 
Advise the Mayor of vacancies on the Architectural Review Board and expiring terms of members;
e. 
Prepare to submit to the City Council a complete record of the proceedings before the Architectural Review Board on any matter requiring City Council considerations; and
f. 
Review and inspect projects which have been approved by the Architectural Review Board for compliance and self-education.
4. 
Meetings. A quorum shall consist of three (3) of the members. All decisions or actions of the Architectural Review Board shall be made by a majority vote of those members present and voting at any meeting where a quorum exists. Meetings shall be held at regularly scheduled times to be established within the bylaws of the Architectural Review Board at the beginning of each calendar year or at any time upon the call of the Chair. No member of the Architectural Review Board shall vote on any matter that may materially or apparently affect the property, income or business interest of that member. The Architectural Review Board shall keep minutes of its proceedings, showing the vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall be public record.
5. 
Compensation. The members shall serve without compensation, but shall be reimbursed for expenses they incur while on Board business.
6. 
Powers And Duties. The Architectural Review Board shall have the following powers and duties:
a. 
To adopt its own bylaws and procedural regulations, provided that such regulations are consistent with this Chapter and the Revised Statutes of the State of Missouri.
b. 
To review and act upon all plans for the construction of buildings and structures proposed in the City's Town Center.
c. 
To review and act upon all plans for the construction of buildings and structures outside the Town Center area of the City, except for single-family dwellings, and any authorized accessory use customarily found in conjunction with the primary use of the property in any residential zoning district.
d. 
To inform and educate the citizens of the City of Wildwood concerning the architectural heritage of the City through publication or sponsorship of newsletters, pamphlets or programs.
e. 
To recommend to the Director of Planning to issue stop work orders for any work undertaken by an owner or contractor which does not comply with the approved Architectural Review Board's plans, elevations or models.
f. 
To develop and recommend to the City Council modifications to architectural standards and guidelines relating to the administration of the Architectural Review Board's responsibilities.
g. 
To testify before all boards and commissions, including the Planning and Zoning Commission, the Board of Adjustment and the City Council, on any matter affecting architecturally significant structures or buildings within the community or any other item within the scope of their powers and duties, including all appeal requests.
h. 
To undertake any other action or activity necessary or appropriate to the implementation if its powers and duties or to the implementation of the purpose of this Chapter.
i. 
To assist and participate with the Planning and Zoning Commission in their review of development proposals affecting properties within the Town Center boundary or as may be authorized by the Zoning Code for other locations in the City.
j. 
To participate in preliminary discussions held between developers, property owners or other interests concerning projects in the City for the purpose of determining compliance with applicable standards, guidelines or regulations and provide input to assist those parties in the preparation of plans, elevations, models and other presentation aides in anticipation of review and action by the Planning and Zoning Commission and/or the City Council.
E. 
Review Authority.
1. 
Review Materials. Any applicant for a construction project subject to architectural review shall submit to the Architectural Review Board materials specified on an approved list provided by it. This list shall be regularly updated by the Board and shall be made available to all applicants at the time of their first (1st) contact with the City's Department of Planning. The Architectural Review Board may require additional information as necessary to decide on any particular application. The submittal of these review materials is mandatory and, if not provided, the Architectural Review Board can delay review and action upon it. Review may begin once all materials are provided to the Architectural Review Board and the architect of record has signed and sealed the cover page of the submittal package indicating his/her participation in the preparation of the materials.
2. 
Meeting Procedures And Actions. The Architectural Review Board shall hold a public meeting to allow for the applicant to present the required materials and shall allow public comment thereon. At this initial meeting, the architect of record shall attend and present to the Architectural Review Board the project and its details. Subsequent presentations of the project to the Architectural Review Board by the architect of record will be at the discretion of its members. After such review the Architectural Review Board shall expeditiously, as practicable, approve the application if it conforms to the City's standards and guidelines in this regard or return it with suggestions, when the Board deems the plan would conform to these items with minor modifications. All decisions shall be in writing and delivered to the applicant and the Director of Planning.
3. 
Standards For Approval. The Architectural Review Board shall consider any proposal by the application of the minimum requirements and guidelines established by this Chapter, which are on file in the City offices and incorporated from the City of Wildwood's Town Center Plan — Architectural Guidelines or Section 415.380, "Miscellaneous Regulations" of the City of Wildwood Zoning Code. These standards are not intended to restrict variety, creativity or imagination in architectural design, but rather are intended to set minimum standards and guidelines in which to develop visual cohesiveness of buildings or structures, pedestrian-friendly access and design and compatibility with surrounding natural or built environment, as well as preserve property values and promote the public health, safety and welfare.
4. 
Modifications. Architectural guidelines identified as "minimum standards" must, unless a modification is granted, be observed in all plans. Architectural regulations identified as guidelines shall be observed, unless an alternative proposed feature or design is shown by the applicant to meet or exceed the intent and objectives of this Chapter, the Town Center architectural guidelines and the applicable master plan principles. The standards and guidelines are designed to direct and limit the discretion of the Architectural Review Board and, therefore, modifications from the standards and guidelines shall only be permitted upon a clear showing that the alternative feature and design conforms with the identified legislative intent of these regulations.
F. 
Appeal Of Actions Of The Architectural Review Board. If the Architectural Review Board denies an application, it may provide suggestions or proposed modifications to the applicant to arrive at a mutually satisfactory alternative to the proposed design. If the applicant does not receive approval of the modified plan within thirty (30) days, the applicant may file with the City Clerk a written appeal to the City Council. Upon appeal, the Architectural Review Board shall provide the City Council with a complete, written record of the application indicating the reasons for the denial. In acting upon the appeal, the City Council may grant a modification from the strict interpretation of this Chapter when such will not materially affect the health or safety of the applicant and general public. If a modification is granted by the City Council, appropriate mitigation shall be incorporated as part of any such approval to address aesthetics, scale, design and consistency. This mitigation must minimally address the impact on the surrounding properties and the viewscape from any public roadway or parcel of ground resulting from this modification.
[Ord. No. 1324 App. A §1003.160, 8-14-2006]
The regulations hereafter established shall apply within all districts established by this Chapter or by amendment thereto. These general regulations supplement and qualify the district regulations appearing elsewhere in this Chapter.
[Ord. No. 1324 App. A §1003.161, 8-14-2006]
A. 
Scope Of Provisions. This Section contains the Air Navigation Space Regulations for the City of Wildwood. These regulations shall apply in that part of the City of Wildwood as hereinafter indicated.
B. 
Statement Of Intent. The Air Navigation Space Regulations shall establish height limitations for structures and trees within proximity to aircraft landing approach areas and major airport maneuvering areas.
C. 
Definitions. For the purpose of this Section, the following words and phrases shall have the meaning given herein.
AIRPORT
An area of land or water that is used or intended to be used for the landing and takeoff of aircraft and includes its buildings and facilities, if any.
AIRPORT ELEVATION
The highest point of an airport's usable landing area measured in feet from sea level.
APPROACH SURFACE
A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.
CONICAL SURFACE
A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet.
HORIZONTAL SURFACE
A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
LARGER THAN UTILITY RUNWAY
A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than twelve thousand five hundred (12,500) pounds maximum gross weight and jet powered aircraft.
NON-PRECISION INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.
OBJECT
A structure, including a mobile structure, constructed or installed by man or a product of nature including, but without limitation, buildings, towers, cranes, smokestacks, earth formations, trees, overhead transmission lines and utility poles.
PERSON
An individual, firm, partnership, corporation, company, association, joint stock association or governmental entity; includes a trustee, a receiver, an assignee or a similar representative of any of them.
PRECISION INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
PRIMARY SURFACE
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway; when the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway.
RUNWAY
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
TRANSITIONAL SURFACES
These surfaces extend outward at ninety degree (90°) angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at ninety degree (90°) angles to the extended runway centerline.
UTILITY RUNWAY
A runway that is constructed for and intended to be used by propeller-driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using visual approach procedures.
D. 
Airport zones are hereby created and established in that part of the City of Wildwood and shall comprise all of the land lying beneath the City of Wildwood area airport approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces. Except as otherwise provided in this Section, no object shall be erected, altered, maintained, planted or be allowed to grow in any zone created by this Chapter to a height in excess of the applicable height limitations herein established for such zone. A tract of land located in more than one (1) of the following zones shall be deemed to be in the zone with the more restrictive height limitation. Other regulations appearing in this Chapter that are inconsistent herewith are superseded to the extent of such inconsistency.
E. 
The various zones and their height limitations are hereby established and defined as follows:
1. 
Utility runway visual approach zone. Shall have a width at its inner edge coinciding with the width of the runway's primary surface, as defined in Subsection (F) and expanding outwardly to a width of one thousand two hundred fifty (1,250) feet at a horizontal distance of five thousand (5,000) feet from the primary surface. The centerline of the approach zone shall be the continuation of the centerline of the runway. The height limitations shall be established by an imaginary plane sloping twenty (20) feet outward for each foot upward, commencing at the end of and at the same elevation as the primary surface, as specified in Subsection (F), and extending to a horizontal distance of five thousand (5,000) feet along the extended runway centerline.
2. 
Utility runway non-precision instrument approach zone. Shall have a width at its inner edge of five hundred (500) feet and expanding outwardly from the primary surface to a width of two thousand (2,000) feet at a horizontal distance of five thousand (5,000) feet from the primary surface. The centerline of the approach zone shall be the continuation of the centerline of the runway. The height limitation shall be established by an imaginary plane sloping twenty (20) feet outward for each foot upward, commencing at the end of and at the same elevation as the primary surface, as specified in Subsection (F), and extending to a horizontal distance of five thousand (5,000) feet along the extended runway centerline.
3. 
Larger than utility runway with a visibility minimum greater than three-fourths (¾) mile non-precision instrument approach zone. Shall have a width at its inner edge coinciding with the width of the runway's primary surface, as defined in Subsection (F), and expanding outwardly to a width of three thousand five hundred (3,500) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface. The centerline of the approach zone shall be the continuation of the centerline of the runway. The height limitations shall be established by an imaginary plane sloping thirty-four (34) feet outward for each foot upward commencing at the end of and at the same elevation as the primary surface, as specified in Subsection (F), and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline.
4. 
Larger than utility runway with a visibility minimum of three-fourths (¾) mile non-precision instrument approach zone. Shall have a width at its inner edge of one thousand (1,000) feet and expanding outwardly to a width of four thousand (4,000) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface. The centerline of the approach zone shall be the continuation of the centerline of the runway. The height limitations shall be established by an imaginary plane sloping thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface, as specified in Subsection (F), and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline.
5. 
Precision instrument runway approach zone. Shall have a width at its inner edge of one thousand (1,000) feet and expanding outwardly to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000) feet from the primary surface. The centerline of the approach zone shall be the continuation of the centerline of the runway. The height limitations shall be established by an imaginary plane sloping fifty (50) feet outward for each foot upward commencing at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline; thence sloping upward one (1) foot vertically for each forty (40) feet horizontally to an additional distance of forty thousand (40,000) feet along the extended runway centerline.
6. 
Transitional zones. The areas beneath the transitional surfaces. The height limitations shall be established by an imaginary plane sloping seven (7) feet outward for each foot upward, commencing at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of one hundred fifty (150) feet above the airport elevation as specified in Subsection (F). In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending a horizontal distance of five thousand (5,000) feet measured at ninety degree (90°) angles to the extended runway centerline.
7. 
Horizontal zone. Is established by swinging arcs of five thousand (5,000) feet (for all runways designated utility or visual) or ten thousand (10,000) feet (for all other types of runways) radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. The height limitation shall be established by an imaginary plane lying one hundred fifty (150) feet above the airport elevation as designated in Subsection (F).
8. 
Conical zone. Is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand (4,000) feet. The height limitation shall be established by an imaginary plane sloping twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty (150) feet above the airport elevation, as designated in Subsection (F), and extending to a height of three hundred fifty (350) feet above the said airport elevation.
F. 
For purposes of this Section, the City of Wildwood-area airports shall be defined to include the following: Spirit of St. Louis Airport, 18260 Edison. The aforesaid airport shall be identified and described as follows:
Airport
Elevation (feet)
Runway Number
Runway Orientation
Runway Type
Runway Length (feet)
Width of Primary Surface (feet)
Runway Construction
Spirit of St. Louis
460
8 Right
076°
Precision instrument
6,000
1,000
Paved
Spirit of St. Louis
460
6 Left
256°
Precision instrument
6,000
1,000
Paved
8 Left
076°
Utility
3,800
250
Paved
26 Right
256°
Visual
G. 
Nothing in these regulations shall be construed to prohibit the emplacement, construction, maintenance or growth of any object not exceeding a height of thirty-five (35) feet above the airport elevation at the base of such object as specified in Subsection (F).
H. 
Notwithstanding any other provisions of this Chapter, no use may be made of land or water within any zone established by this Section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazard or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
I. 
The regulations prescribed by this Section shall not be construed to require the removal, lowering or other change or alteration of any object not conforming to the regulations as of the effective date of this Chapter or otherwise interfere with the continuance of the non-conforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any object, the construction or alteration of which was begun prior to the effective date of this Chapter and is diligently prosecuted. Notwithstanding the preceding provision of this paragraph, the owner of any existing non-conforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Director of the Department of Public Works to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the airport to be protected thereby.
[Ord. No. 1324 App. A §1003.163, 8-14-2006; Ord. No. 1465 §1, 1-14-2008]
A. 
Scope Of Provisions. This Section contains the Zoning Performance Standard Regulations for the City of Wildwood. These regulations shall apply to all land uses and developments in the City of Wildwood except as otherwise indicated in these regulations.
B. 
Statement Of Intent. The Performance Standard Regulations shall establish standards for vibration, noise, odor, smoke, toxic gases, emissions, radiation, glare and heat to minimize negative effects on adjacent land uses and developments.
C. 
Performance Standards.
1. 
Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located, except that vibration caused by blasting conducted in accordance with the requirements of the Explosives Code, City of Wildwood ordinance (see Chapter 500, Article VII, Sections 500.130 et seq.), may exceed these limitations.
2. 
Noise. Every use shall be so operated that the pressure level of sound or noise generated does not exceed the limitations of the Noise Control Code as set out in Chapter 217 of this Code.
3. 
Odor. Every use shall be so operated that no offensive or objectionable odor is emitted in accordance with the requirements of the Air Pollution Code, set by Chapter 612 SLCRO, adopted herein as the Air Pollution Code of the City of Wildwood.
4. 
Smoke. Every use shall be so operated that no smoke from any source shall be emitted that exceeds the emission levels in the requirements of the Air Pollution Code, set by Chapter 612 SLCRO, also the Air Pollution Code of the City of Wildwood.
5. 
Toxic gases. Every use shall be so operated that there is no emission of toxic, noxious or corrosive fumes or gases which exceeds the emission levels, of the Air Pollution Code, set by Chapter 612 SLCRO, also the Air Pollution Code of the City of Wildwood.
6. 
Emission of dirt, dust, fly ash and other forms of particulate matter. The emission of dirt, dust, fly ash and other forms of particulate matter shall not exceed the emission levels in the requirements of the Air Pollution Code, set by Chapter 612 SLCRO, also the Air Pollution Code of the City of Wildwood.
7. 
Radiation. Every use shall be so operated that there is no dangerous amount of radioactive emissions.
8. 
Glare and heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner as to be imperceptible along any lot line without instruments.
9. 
Any addition, modification or change in any regulations, code, ordinance or other standard referred to in the Zoning Performance Standard Regulations shall become a part of these regulations.
[Ord. No. 1263 §2, 2-13-2006; Ord. No. 1324 App. A §1003.164, 8-14-2006; Ord. No. 1350 §1, 11-13-2006; Ord. No. 1707 §1, 3-22-2010]
A. 
Purpose And Legislative Findings.
1. 
Land area maintained as public space, including public parks, is essential to address the congestion, aesthetic degradation, health concerns and the recreational and pedestrian needs of the residents, business patrons and employees attributable to new development in the City. New development in the City generates new residents, employees and customers who will need public space where they live, work and shop. Development in the City consumes land that could otherwise be used for public space and certain areas of the City that allow greater density and/or larger scale development authorize development that reduces traditional setbacks and corresponding private green space and does not include the typical subdivision common ground facilities or other substantial private open space and recreational facilities associated with typical suburban development. In addition, certain development within the City, such as in the City's Town Center area designated within the City's Comprehensive Plan ("Town Center"), commercial development located within close proximity of dense residential areas and of a type that will create substantial pedestrian traffic with mixed public use needs that must be addressed to avoid congestion, accommodate impacts and address safety of pedestrians.
2. 
Accordingly, development opportunities available within the City result in an increased need for public space due to the concentrated or increased population and uses and the elimination of the available land that would otherwise have contained private or public parks or open space. The public space requirements of this Section therefore are a condition of new development permitted densities and design and attempt to remediate the resulting loss of public space opportunities by requiring active and/or passive open space and recreational space be established as a condition of each development in a manner and extent roughly proportionate to the impact of the development. The City Council hereby adopts the foregoing factual determinations regarding impact and need and the proportionality, methodology and other determinations and conclusions set forth in this Chapter and in the City of Wildwood Public Space Study on file with the City Clerk and incorporated herein as legislative findings supporting this Chapter. Only if required by applicable law under the specific circumstances of the application shall the Council be required as part of the development approval to make an additional separate factual finding as to the impact and proportionality relating to new development in application of this Chapter.
B. 
Definitions. For purposes of this Section, the following definitions shall apply:
COMMERCIAL PLAZA
Improved space located adjacent or proximate to commercial uses, designed and improved consistent with the requirements of this Chapter, intended to provide facilities to address the needs of patrons and employees of such commercial uses.
COMMUNITY PARK
A large park designed and improved consistent with the requirements of this Chapter, intended to provide active and passive recreational facilities including, but not limited to, picnic pavilions and multiple athletic fields and courts.
FOCAL FEATURE
A structure, item or area with important aesthetic, historic or cultural significance including, but not limited to, statues, monuments, historical markers, decorative clocks or sundials, murals and other forms of public art and water fountains.
GROSS AREA OF THE NEW DEVELOPMENT
The total land area of the development site subject to zoning or subdivision plat approval authorizing the new residential dwellings or new commercial, institutional or industrial buildings or uses, less any separate lot or land area solely attributable to existing dwellings or commercial, institutional or industrial buildings that will be retained as part of the proposed authorized use of the site.
MINI-PARK
A small park designed and improved consistent with the requirements of this Chapter, intended to provide active recreational facilities such as, but not limited to, playgrounds for nearby residents.
MULTI-USE TRAIL
A paved trail consistent with City specifications for multi-use trails connected to the trail network encompassing the City, unless otherwise noted in the site-specific ordinance or plat script as a different type of surface for other users, such equestrian enthusiasts or mountain bikers.
NEIGHBORHOOD PARK
A small park designed and improved consistent with the requirements of this Chapter, intended to provide active recreational facilities including, but not limited to, playgrounds and small athletic courts or fields to surrounding residents.
NEW COMMERCIAL, INSTITUTIONAL OR INDUSTRIAL BUILDINGS OR USES
Any additional or increased commercial, institutional or industrial construction or use activity attributable to the development. The term "commercial, institutional or industrial", unless otherwise required by law, shall include any non-residential use authorized by any "C", "NU", "R" or "M" zoning district classification within the City of Wildwood.
NEW DEVELOPMENT
The total residential dwellings or total additional or increased commercial, institutional or industrial building construction or uses authorized by a zoning amendment, conditional use permit approval or amendment, or subdivision record plat approval or amendment after the effective date of this Section that authorizes the approved activity causing the additional public space needs. New development shall not be interpreted for the purposes of this Chapter to mean a one-time minor subdivision or lot split of a parcel of ground, as defined in the City of Wildwood's subdivision and development regulations (Section 420.110 Lot Split or Section 420.130 Minor Subdivisions), when platted on a property designated "NU Non-Urban Residence District".
NEW RESIDENTIAL DWELLINGS AND USES
Total residential dwelling units authorized by the zoning change or subdivision record plat approval calculated at the maximum density and number permitted by such zoning or plat approval.
PARKING SPACES
The number of parking spaces required by applicable City ordinance to be provided on site and off site to be attributed to the new commercial, institutional or industrial buildings or use approved or such different number as may be specifically authorized or provided on site and off site, whichever is greater.
PRIVATELY-OWNED COMMON AREA
Improved land subject to a recorded perpetual covenant ensuring that the improvements and public space are kept open and available to the applicable users of the development (including business patrons, employees, residents and visitors to the new development to which it is dedicated) without condition or fee and maintained with a private funding mechanism to ensure its continued viability.
PUBLIC SPACE
Land dedicated and improved for public use to address the public space impacts of new development as required by this Chapter.
STREET SPACE
Improved separate areas within a road corridor in excess of street specifications, designed and improved consistent with the requirements of this Chapter.
TOWN CENTER
The area(s) designated by the City's Master and Comprehensive Plans as the Town Center area.
URBAN CENTER PARK
A large park located in the Town Center, designed and improved consistent with the requirements of this Chapter.
C. 
Minimum Public Space Required. Public space shall be provided as a condition of each new development within the City in conformance with this Chapter in the amounts as follows:
1. 
New residential dwellings and uses.
a. 
Single-family dwellings. For new residential dwellings other than multi-family units (as provided for in Subsection (C)(1)(b), an amount equal to one thousand seven hundred forty-two and four-tenths (1,742.4) square feet per new single-family dwelling (four (4) acres per one hundred (100) single-family dwelling units) shall be required.
b. 
Multi-family dwellings. For all dwelling units located in a building or portion thereof designed for three (3) or more families, an amount equal to eight hundred twenty-eight (828) square feet per new multi-family dwelling (approximately one and nine-tenths (1.9) acres per one hundred (100) multi-family dwelling units) shall be required.
2. 
New commercial, institutional or industrial buildings or uses. Two hundred ninety and four-tenths (290.4) square feet per parking space (one (1) acre for every one hundred fifty (150) parking spaces).
D. 
Qualifying Public Space. Only public space that meets the requirements of this Section as determined by the City Council shall be counted toward satisfaction of the public space requirement. Public space shall be segregated as a separately subdivided lot that contains no buildings, parking lots or streets (except parking lots, internal drives, historical buildings or other structures approved by the Departments of Public Works and Parks to be used by the public in connection with the public space) and contains no rights-of-way or permanent commercial, institutional or industrial business activity. Public space shall be platted and deeded by general warranty deed either:
1. 
To the City for use by the public, or if approved by the City Council,
2. 
Privately-owned common area.
The Council's decision to accept privately-owned common area as satisfying any portion of the public space requirements shall be based on evidence presented to the Council that such acceptance fully satisfies the purposes and requirements of this Chapter and fully addresses the impact of the development as established by the legislative findings. The location, design, ownership, type and required improvements of public space shall be determined by the City in accordance with the requirements of this Section. The following land within a development shall not qualify as public space:
1.
Individual site stormwater detention or retention areas and utility easements shall not constitute public space, unless wholly concealed underground and otherwise complying with this Chapter or as part of an approved retention/water feature, generally at least one-half (½) acre in size. Where the public space guidelines are otherwise satisfied, on-site or off-site land dedicated for regional stormwater detention (wet) facilities approved by the City may be used.
a.
Implementation of best management practices for the control of stormwater runoff on new development sites, including rain gardens, swales and other features, shall be a creditable public space dedication, if accepted by the City Council. Additionally, the development of wildflower areas and prairie restoration zones may also be considered for credits to the public space requirements, if accepted by the City Council.
2.
Natural resource protected areas.
3.
Public street pavement areas and other land within the street width specification.
E. 
Limitations On Qualifying Public Space. Dedications that may be counted toward the public space requirements are subject to each of the further following limitations:
Non-Urban Residential Area
Suburban Residential Area
Town Center Area
Industrial Area
Street Space
Up to 25% of the total required public space. This type of dedication for public space purposes can only be accepted if granted a special waiver by the City Council, since it is not consistent with the stated intent of this Section to create multiple-use trail systems for a range of users within rural areas of the City.
Up to twenty-five percent (25%) of the public space.
Up to twenty-five percent (25%) of the public space.
Up to twenty-five percent (25%) of the public space.
Multiple Use Trailsi
Up to 100% of the total required public space and shall be required in all new developments unless determined by the City to be unnecessary or not feasible. Multi-use trail dedications are preferred in the non-urban residential areas of the City of Wildwood and shall constitute the new development's obligation for public space at these locations, unless abutting an existing public park holding, where land conveyance may be considered by the City Council, or where such a shortfall exists that another type of dedication is required
Up to 100% of the total required public space and shall be required in all new developments unless determined by the City to be unnecessary or not feasible.
Up to 100% of the total required public space and shall be required in all new developments unless determined by the City to be unnecessary or not feasible.
Up to 100% of the total required public space and shall be required in all new developments unless determined by the City to be unnecessary or not feasible
Water Features
Up to twenty-five percent (25%) of the public space. This type of dedication for public space purposes can only be accepted if granted a special waiver by the City Council, since it is not consistent with the stated intent of this Section to create multiple-use trail systems for a range of users within rural areas of the City.
Up to twenty-five percent (25%) of the public space.
Up to twenty-five percent (25%) of the public space.
Up to twenty-five percent (25%) of the public space.
Privately-Held Common Groundii
Up to fifty percent (50%) of the required public space to be satisfied by qualifying privately-owned common area. Such qualifying privately-owned common areas shall contain active recreational facilities (e.g., pool, pool house, tennis courts and playground) or significant recreational improvements consistent with Subsection (G) below. This type of dedication for public space purposes can only be accepted if granted a special waiver by the City Council, since it is not consistent with the stated intent of this Section to create multiple-use trail systems for a range of users within rural areas of the City.
Up to fifty percent (50%) of the required public space to be satisfied by qualifying privately-owned common area. Such qualifying privately-owned common areas shall contain active recreational facilities (e.g., pool, pool house, tennis courts and playground) or significant recreational improvements consistent with Subsection (G) below.
Up to fifty percent (50%) of the required public space to be satisfied by qualifying privately-owned common area. Such qualifying privately-owned common areas shall contain active recreational facilities (e.g., pool, pool house, tennis courts and playground) or significant recreational improvements consistent with Subsection (G) below.
Up to fifty percent (50%) of the required public space to be satisfied by qualifying privately-owned common area. Such qualifying privately-owned common areas shall contain active recreational facilities (e.g., pool, pool house, tennis courts and playground) or significant recreational improvements consistent with Subsection (G) below.
Off-Site Dedication
Where appropriate, the land dedication may be approved adjacent to the development boundary or off-site so as to combine with existing or future dedications to create the diverse range of public space types attributable to the needs generated by the development.
Where appropriate, the land dedication may be approved adjacent to the development boundary or off-site so as to combine with existing or future dedications to create the diverse range of public space types attributable to the needs generated by the development.
Where appropriate, the land dedication may be approved adjacent to the development boundary or off- site so as to combine with existing or future dedications to create the diverse range of public space types attributable to the needs generated by the development.
Where appropriate, the land dedication may be approved adjacent to the development boundary or off- site so as to combine with existing or future dedications to create the diverse range of public space types attributable to the needs generated by the development.
Public Art
This type of dedication for public space purposes can only be accepted if granted a special waiver by the City Council, since it is not consistent with the stated intent of this Section to create multiple-use trail systems for a range of users within rural areas of the City.
Up to one hundred percent (100%) of the public space and shall be based upon the City Council's accepted cost of such item compared to the existing fee in-lieu of charge for the area where it is to be installed (inside or outside the Town Center area boundary).
Up to one hundred percent (100%) of the public space and shall be based upon the City Council's accepted cost of such item compared to the existing fee in-lieu of charge for the area where it is to be installed (inside or outside the Town Center area boundary).
i
Multi-use trails located in rights-of-way or locations of otherwise required sidewalks shall not satisfy any portion of required public space.
ii
Multi-use trails within common area shall not count toward required public space, excepting in the City's non-urban residential areas. Qualifying privately-owned common area generally shall not include mere buffer strips or other areas of shape, size or topography that are not reasonably attributable, contiguous and compact to the area of the required improvements. Mini-parks and commercial plazas shall be privately-owned common area, unless otherwise approved by the City.
F. 
Public Space Location, Design And Types. Public space shall be located and implemented as identified in the City Master Plan, where applicable, or in other approved locations consistent with the applicable zoning regulations and park plans. The type of required public space and acceptability of any fee in lieu of public space dedication accepted by the City shall be dictated by the impact of the development as determined by its size, type, location and proximity of required amenities and as affected by proximity to existing public spaces. Such final determination by the City Council shall occur as a provision of the record plat approval, unless otherwise approved earlier by the Council, except as herein noted:
1. 
Developments governed by a site-specific ordinance approved before February 13, 2006 by the City Council that are determined to be in "good standing", but lack an approved record plat, shall not be required to provide public space dedications in accord with these requirements. For the purposes of this Section, "good standing" shall be interpreted to mean the following: no amendment to the site-specific ordinance is needed to facilitate the project's completion, the timeline for submittal of the site development plan has not expired and the deadline for commencement of construction has not passed, if an approved site development plan herein exists.
2. 
Developments located within the boundaries of the City's Town Center area that were approved by a site-specific ordinance of the City Council prior to February 13, 2006 that included multiple buildings, along with the phasing of their improvements, are not required to provide additional public space dedications in accord with these regulations, if an increase in parking spaces is authorized by the City Council, as part of an amendment to the governing ordinance, unless commencement of construction has failed to begin at the time these revisions to Section 415.260 Public Space Requirements of the City of Wildwood zoning ordinance herein referenced are adopted.
Each area of land dedication, whether public or privately owned, shall be assigned a qualifying public space type from the chart and designated accordingly on the proposed plat or site plan. The City's approval of the location, design and type of the public space proposed as part of a new development shall be as reflected on a final site plan or record plat in accordance with this Chapter, including Exhibit 1 which is on file in the City Clerk's office and the following additional specifications:[1]
[1]
Editor's Note — The Public Space Location, Design and Types chart is included as an attachment to this chapter.
G. 
Credit Dedication Of Improved Schools Land. The City may approve land dedicated for public space purposes adjacent to public schools to satisfy up to fifty percent (50%) of the required public space, provided that the required recreational facilities attributable to a neighborhood park are constructed or escrowed for by the developer and public access to such facilities acceptable to the City is provided for in the dedication.
H. 
Public Space Improvements. Approved public space shall be improved as required by this Chapter and as approved on approved improvement plans. Public space improvements shall be completed or guaranteed as provided for in Section 420.080 for other subdivision improvements.
1. 
Specific improvements based on type of public space. All land dedicated for public space shall be improved consistent with applicable City specifications, including those identified in the table in Subsection (F) of this Section and those improvements found in Exhibit 1, which is on file in the City Clerk's office, of this Section pertaining to the specific type of public space.
2. 
General improvements. All public spaces shall have the following improvements:
a. 
Pedestrian ways (sidewalks, trails, etc.).
b. 
Benches.
c. 
Landscaping.
d. 
Finished grade and surfaces.
e. 
Utilities (where applicable).
f. 
Signage (showing public access, etc.).
g. 
Trash receptacles.
h. 
Lighting and streetscape improvements.
i. 
Focal features.
3. 
Where applicable, public space shall be cleared of underbrush and debris, sodded or seeded. Choice of recreational improvements shall be consistent with this Chapter, the development and surrounding uses, not duplicative, and consistent with the Town Center regulations and the City's Public Space Study.
I. 
Fee In Lieu Of Dedication. If providing some or all of the required public space within a development is impractical or incompatible with the approved street grid, Master Plan or zoning or subdivision ordinance requirements as determined by the City pursuant to the standards and findings adopted by this Chapter, the City may accept from the developer an equivalent amount of public space in another nearby location or pay to the City a fee in lieu of dedication which would be used to directly address the public space need attributable to the development.
1. 
Fee calculation methodology. A fee in lieu of public space shall be paid equal to the fair market value for each square foot of land required to be dedicated under this Chapter or the pro rata amount thereof that is not actually dedicated.
FIL
=
(DR x FMV) + (DR x AIC)
FIL
=
the fee in lieu
DR
=
(dedication requirement); the required square footage of public space required to be dedicated under this Chapter that is not actually satisfied through a dedication
FMV
=
fair market value
AIC
=
the average improvement cost
2. 
Fee in lieu amounts established.
a. 
FMV—fair market value. Initially, the fair market value for property within the Town Center boundaries shall be three dollars ($3.00) per square foot for residential and seven dollars ($7.00) per square foot for commercial property as determined by the proposed use. Fair market value for property outside of the Town Center shall be one dollar fifty cents ($1.50) per square foot.
b. 
AIC—average improvement cost. The average improvement cost shall be two dollars ($2.00) per square foot.
c. 
The FMV and AIC amounts may be re-evaluated yearly and may by order of the Council be increased or decreased at any time by resolution or ordinance to accurately reflect the fair market value of acquiring public space and improving the same.
3. 
Payment and use of fees in lieu. All fees in lieu shall be paid by the developer prior to the recording of the record plat or issuance of any final site plan. All fees in lieu received hereunder by the City shall be placed in a City escrow for purchase, construction or improvement of public space, which is reasonably attributable to the development for which the fee was paid consistent with this Chapter. The Director of Parks is authorized to establish one (1) or more escrows and escrow policies and procedures to ensure compliance with the requirements herein. The Director of Parks shall draw on such escrows at any time consistent with the purposes established by this Section.
4. 
Protest of general fee in lieu determinations. The values established by the City in determining the fee in lieu shall be a rebuttable presumption of the fair market land value and average improvement costs roughly proportional to the impact of the new development. A developer or applicant who believes that the value determined by the City exceeds the value of the land and average improvement costs attributable thereto may protest the City's established valuation as provided herein. Such protest shall be filed within ten (10) days of the approval of the preliminary plat or zoning approval reflecting the Council's acceptance of the payment in lieu option to address the public space needs, whichever is earlier. The City's determination of value may be requested to be modified by:
a. 
Filing a written letter of protest with the Director of Planning;
b. 
Procuring two (2) appraisals of the value of the land in the development as improved by independent appraisers approved by the City; and
c. 
A showing by both independent appraisers that the City's determination of value per square foot exceeds the current fair market value per square foot of the required public space within the new development.
To ensure that the public space allocation is finally determined for both the public and the developer prior to any subdivision or construction, a record plat or final site plan approval shall be stayed for an affected property until final resolution or appeal of any protest. The applicant challenging the City's determination of value shall pay one hundred percent (100%) of the cost of both independent appraisals. Any appraisals within the knowledge or possession of the developer shall be disclosed and produced to City as part of the protest appeal. If the appeal challenges the improvement cost portion of the fee, the applicant shall provide competent evidence, including at least two (2) binding bids, of improving the required public space based on a site drawing reflecting the general and specific improvements that would otherwise satisfy the Chapter if provided on site, and which could be used by the City to actually build the improvement on nearby public space. Upon receipt of the information, the Director shall submit the information to the Council which shall make a determination of any modification of the fee amount, if any, as necessary to conform to the purposes and requirements of this Chapter within thirty (30) days of such receipt, unless extended for good cause.
If the Council determines that the evidence of the fee in lieu amount, as determined by the Council herein, would be insufficient to actually acquire and improve public space in a location necessary to benefit the impact of the new development, the Council may require the plat or site plan to be redesigned to accommodate the public space on site or as may be proposed by the developer to ensure compliance with the purpose of this Chapter. The Council decision hereunder shall constitute a final decision of the Council subject to appeal as provided for in Subsection (J) herein.
J. 
Appeals. Any person aggrieved by a final decision by the Council or administrative officer shall be subject to the requirements of appeal as set forth in Chapter 150 of the City Code, Code of Administrative Procedure.
K. 
Planned Zoning Modifications. The specific specification and requirements of this Chapter may be modified by a planned zoning ordinance relative to a site specific development, provided that no such modification shall be deemed to exist unless the modification procedures therein are satisfied, express reference is made to such public space modification in enacting ordinance, and modification lawfully and non-discriminatorily satisfies the public space purposes of this Chapter. The area of land dedicated to public space may be included in the gross acreage of a development for purposes of density calculations thereby qualifying as a density bonus as may be specified by the specific planned residential development ordinance.
[Ord. No. 1324 App. A Exh. 1, 8-14-2006; Ord. No. 1263 §2, 2-13-2006]
A. 
Commercial.
1. 
Commercial plazas. Commercial plazas are located adjacent or proximate to commercial uses and function as gathering places for employees and business patrons, as well as areas for temporary vendors and seasonal outdoor eating space to address the impact of the commercial uses. The horizontal length of a plaza shall ordinarily not be more than four (4) times the height of the tallest adjacent building. The total area shall not exceed thirty thousand (30,000) square feet.
2. 
Commercial plazas shall have the following improvements:
a. 
Benches and/or picnic tables.
b. 
Potable drinking fountains.
c. 
Lighting.
d. 
Surface improvements and landscaping.
e. 
Focal features including statues, monuments, historical markers, decorative clocks or sundials, murals and other forms of public art, water fountains, etc.
Examples of Focal Features in Commercial Plazas
B. 
Residential.
1. 
Mini, neighborhood, community and urban center parks. Parks may serve a variety of active and passive recreational needs depending on the size and location. Park types and typical facilities are listed on the chart below.
TOWN CENTER DISTRICT
Type of Park
Approximate Size
Preferred Location
Typical Facilities
Access
Mini-Park (Example: Old Pond School, Wildwood, MO)
¼ to ½ acre
Densely populated residential areas
Playground, benches, lighting; landscaping, potable water fountain
Walking, bicycle; no on-site parking
Neighborhood Park
(Example: Lewis Park, University City, MO; Centerton Park, Olivette, MO)
1—5 acres
Adjacent to elementary schools when feasible
Playground, benches; lighting; picnic tables, landscaping, potable water fountain; small athletic fields or courts
Walking, bicycle (trail network); limited on-site parking or on-street parking on at least 2 boundaries
Community Park
(Example: Old Town Park, St. Peters, MO)
5—10 acres
Adjacent to middle and high schools when feasible
Playground(s), benches, lighting, picnic tables, picnic shelter, landscaping, potable water fountain, athletic fields, courts, water features, modern restroom facilities
Walking, bicycle (trail network), limited on-site parking
Urban Center Park
(Examples: Shaw Park, Clayton, MO; Heman Park, University City, MO; Des Peres Park, Des Peres, MO)
40+ acres
Within Town Center District
Playground(s), benches, lighting, picnic tables, picnic shelter(s), athletic fields, courts, master gardens, bandstand or central gathering place, focal features, swimming pool, potable water fountain, modern restroom facilities, concession building
Walking, bicycle (trail network), on-site parking
NON-URBAN AND SUBURBAN DISTRICTS
Type of Park
Approximate Size
Preferred Location
Typical Facilities
Access
Mini-Park
(Example: Harwood Park, Des Peres, MO)
¼ to ½ acre
Location easily accessible to all dwelling units in subdivision
Playground, benches, landscaping
Walking, bicycle; no on-site parking
Neighborhood Park
(Example: Lake School Park, Creve Coeur, MO)
1—5 acres
Adjacent to elementary schools when feasible
Playground, benches; lighting; picnic tables, landscaping, potable water fountain; small athletic fields or courts
Walking, bicycle (trail network), limited on-site parking
Community Park
(Example: Beirne Park, Creve Coeur, MO; Sugar Creek Park, Des Peres, MO)
5—25 acres
Adjacent to middle and high schools when feasible
Playground(s), benches, lighting, picnic tables, picnic shelter, landscaping, potable water fountain, athletic fields, courts, water features, modern restroom facilities, wilderness area including hiking and equestrian trails
Walking, bicycle (trail network), on-site parking
     
2. 
Dependent on the type of park, many of the facilities described below may be required:
a. 
Playgrounds.
b. 
Benches.
c. 
Picnic tables.
d. 
Picnic shelters.
e. 
Lighting.
f. 
Landscaping.
g. 
Potable drinking fountain.
h. 
Modern restroom facilities.
i. 
Athletic fields.
j. 
Tennis or basketball courts.
k. 
Focal features including statues, monuments, historical markers, decorative clocks or sundials, murals and other forms of public art, fountains, etc.
l. 
Water feature including a large fountain, small pond or stream.
m. 
Gardens.
n. 
Amphitheatre, bandstand or other central gathering place.
o. 
Wilderness area.
p. 
On-site parking.
C. 
All Districts.
1. 
Multi-use trail network. All multi-use trails should be connected to the Wildwood multi-use trail network. This network will connect parks with residential subdivisions and commercial centers in all parts of the City. Trails provided as part of the dedication shall be constructed on a twenty (20) foot wide easement and paved. Signage to City specifications shall also be provided.
2. 
Street space. Where applicable, a development may satisfy a portion of its public space dedication requirements through street space. "Street space" is a landscaped area abutting a street. The size of the street space may vary from less than one thousand (1,000) square feet up to one (1) acre. Street space should include a seating area and decorative landscaping. Larger street space areas may be required to provide a focal feature (as defined above). Other amenities may be required for a specific need on a case-by-case basis, such as bus stop shelter, lighting or additional seating. Dedications of street space shall be in the form of a public easement.
[Ord. No. 1324 App. A §1003.165, 8-14-2006]
A. 
Scope Of Provisions. The regulations contained in this Section and the following Sections shall govern the size, number, location and design of all off-street parking and loading facilities in the City of Wildwood.
B. 
Minimum Parking And Loading Requirements. Uses in all zoning districts shall comply with the minimum requirements listed by use category in tables of the following Sections:
1.
Commercial uses
Section 415.290
2.
Cultural, entertainment and recreational uses
Section 415.300
3.
Industrial uses
Section 415.310
4.
Institutional uses
Section 415.320
5.
Open space and agricultural uses
Section 415.330
6.
Residential uses
Section 415.340
7.
Transportation, communication and utilities
Section 415.350
C. 
Minimum Off-Street Parking Dimensions. The regulations of this Subsection shall govern the dimensions of off-street parking spaces, including those provided in developments approved in planned districts or by special procedure prior to the enactment hereof, anything in such planned district or special procedure approval to the contrary notwithstanding.
1. 
Except as otherwise provided for in this Subsection, the requirements for off-street parking of the City of Wildwood Zoning Ordinance shall be implemented with regard to the minimum dimensions in the following table:
PARKING TABLE
A
B
C
D
E
F
G
45°
9.0'
19.7'
12.5'
12.7'
51.9'
45.6'
60°
9.0'
21.0'
16.0'
10.5'
55.0'
53.5'
90°
9.0'
19.0'**
22.0'
9.0'
60.0'
A
Parking angle.
B
Stall width.
C
19 feet minimum stall to curbs.
D*
Aisle width.
E
Curb length per car.
F
Curb to curb.
G
Center to center width of double row with aisle between.
*
Additional width may be required where the aisle serves as the principal means of access to on-site buildings or structures.
**
Stall depth may be decreased by three (3) feet if stall borders a landscaped island or a structure setback area of a site.
2. 
Parking spaces designated for the handicapped.
a. 
Parking spaces designated for a physically handicapped person shall be at least eight (8) feet wide with a five (5) foot access aisle to be adjacent. Two (2) handicapped parking spaces may share an access aisle.
b. 
Parking spaces designated for physically handicapped persons shall be located on the shortest possible circulation route to an accessible entrance of the building. In separate parking structures or lots which do not serve a particular building, parking spaces for physically handicapped persons shall be located on the shortest possible pedestrian route to an accessible pedestrian entrance of the parking facilities.
c. 
In the event that the desired parking angle is not specified by the above table, the City of Wildwood Department of Planning may specify other equivalent dimensions associated with the desired parking angle by interpolating from dimensions listed in the table.
d. 
A stall dimension of eight and one-half (8½) feet by eighteen (18) feet or equivalent may be utilized for off-street parking stalls provided in excess of the minimum requirements as set forth in this Section when designated for compact car use.
e. 
On-site parallel parking stalls shall be nine (9.0) feet by twenty-two (22) feet adjacent to a twenty-two (22) foot two-way lane or fifteen (15) foot one-way lane.
f. 
Curbed islands are required at ends of aisles where necessary for traffic control or drainage.
D. 
Supplementary Off-Street Parking And Loading Requirements. In addition to the above parking and loading requirements, the following standards shall apply:
1. 
In all zoning districts, all parking and loading areas, including driveways, shall be paved, except in the "FP", "PS", "NU" and "R-1" Districts, where the City of Wildwood may approve an alternate dustproofing method.
2. 
All areas for off-street parking and loading in the "C-1" and "C-2" Districts shall be so arranged that vehicles at no time shall be required to back into any street or roadway to gain access thereto.
3. 
Off-street parking areas in the "C" Commercial or "M" Industrial Districts shall provide ingress and egress to any public right-of-way only at such location as approved by the City of Wildwood.
4. 
a. 
In the "NU" Non-Urban Residence and all "R" Residence Districts, parking spaces provided in an enclosed structure shall not project beyond any required yard, setback or building line. Parking spaces provided in an unenclosed area shall not encroach upon the required front yard of any "NU" Non-Urban Residence or "R" Residential District.
b. 
An area used for off-street parking spaces for five (5) or more vehicles, when located in any "PS" Park and Scenic, "NU" Non-Urban Residence or "R" Residence District, shall not be closer to an adjoining "PS" Park and Scenic, "NU" Non-Urban Residence or "R" Residential District than twenty-five (25) feet. Said parking setbacks shall be effectively screened. Such screening shall consist of a sightproof fence or wall and such screening shall be not less than five (5) feet in height above the surface elevation of the parking area, except where sight distance regulations at street intersections require other arrangements. When requested by the property owner, the Department of Planning may approve the use of topographic features, landscaping or a combination of fences, walls, topographic features or landscaping in lieu of fences or walls, where such alternates will achieve a comparable effect. The limitations of this paragraph may be modified in a development plan when authorized under Section 415.510 "Planned Residential Development ("PRD") Overlay District".
5. 
a. 
In a "C" Commercial or "M" Industrial District, no unenclosed parking or loading space or internal drive, except for ingress and egress drives, shall be located between any roadway right-of-way and any building, except for areas as may be dedicated to the public for on-street parking. The limitations of this paragraph may be modified in a development plan when authorized under Section 415.190 "C-8" Planned Commercial District or Section 415.210 "M-3" Planned Industrial District.
b. 
In a "C" Commercial or "M" Industrial District, no unenclosed parking or loading space or internal drive shall be closer than twenty-five (25) feet to any adjoining "PS" Park and Scenic, "NU" Non-Urban Residence or "R" Residence District. Said parking setbacks shall be effectively screened. Such screening shall consist of a sight-proof fence or wall and such screening shall be not less than five (5) feet in height above the surface elevation of the parking area, except where sight distance regulations at streets require other arrangements. When requested by the property owner, the Department of Planning may approve the use of topographic features, landscaping or a combination of fences, walls, topographic features or landscaping in lieu of fences or walls, where such alternates will achieve a comparable effect. Except for the screening provisions, the limitations of this paragraph may be modified in a development plan when authorized under Section 415.190 "C-8" Planned Commercial District or Section 415.210 "M-3" Planned Industrial District.
6. 
All parking spaces required by this Chapter shall be located on the same parcel of land as the use to be served except as provided in Subsection (D)(8).
7. 
Minimum off-street parking and loading requirements as specified in this Section shall not include parking and loading spaces located in the floodplain or floodway, as determined by the City of Wildwood, except when accessory to a permitted or conditional use in the "FP" Floodplain District.
8. 
Parking for one (1) or more uses in a "C" Commercial or "M" Industrial District may be provided on a separate lot from the use or uses to be served when said separate lot is within a similar zoning district type and within three hundred (300) feet of the use or uses to be served as measured along a pedestrian pathway. When two (2) or more uses combine to provide the required parking space jointly, the parking space so provided shall equal the total space required if each were to provide parking space separately. Joint or remote parking areas provided in accordance with this paragraph shall be comprised of a minimum of twenty (20) stalls except when provided in conjunction with uses in the "C-1" Neighborhood Business District. Such parking must be approved by the Director of Planning and Parks designated by the City of Wildwood. Subsequent to approval, said parking plan and an appropriate legal instrument of agreement among the owners of the various properties involved shall be recorded with the County Recorder of Deeds with a copy to be filed with the City of Wildwood. Such recorded plans and agreement shall be binding upon the owners of the properties involved and their successors and assigns and shall limit and control the use of land included in the plan to those uses and conditions approved by an officer designated by the City of Wildwood and agreed to by the owners of the properties involved.
9. 
No off-street parking space required under this Chapter shall be used for any other purpose. Where a change in use creates greater parking requirements than the amount being provided, an occupancy permit shall not be issued until provision is made for the increased amount of required off-street parking.
10. 
Where an addition is made to an existing use which does not comply with the parking requirements cited for such use, additional parking shall be provided in proportion to the addition.
11. 
Where no minimum requirement is specified or when one (1) or more of the parking requirements may be construed as applicable to the same use, lot or building, the final determination of required parking shall be made by the Department of Planning.
12. 
When located in the "C-2" or "C-3" Shopping Districts, the minimum parking requirements for shopping centers occupied by five (5) or more commercial entities and having a gross floor area of one hundred twenty-five thousand (125,000) square feet or more may be reduced by fifteen percent (15%), when authorized by the Department of Planning and where it has been demonstrated by study of the combined uses and customary operation of the uses that adequate parking would be provided.
13. 
The off-street parking requirements for housing for the elderly in residential zoning districts may be reduced to seventy-five hundredths (0.75) space per dwelling unit when approved by the Department of Planning. When such a reduction is approved, an area of sufficient size shall be designated on the site plan to accommodate additional parking, should conversion to conventional housing occur in the future.
14. 
The number of parking spaces required to be provided for physically handicapped persons shall be based upon the required number of parking spaces as determined by the following table:
MINIMUM ACCESSIBLE PARKING SPACES
Total Spaces Required on Lot
Required Number of Accessible Spaces
1 to 10
0
11 to 50
1
51 to 100
2
101 to 500
3
500 or more
2 spaces for each accessible entrance,
but not less than 3 spaces total
15. 
The off-street parking requirements for the self-care unit aspect of nursing homes may be reduced to seventy-five hundredths (0.75) space per dwelling unit, when approved by the Department of Planning. Such a reduction may be approved upon verification to the Department of Transportation Services provided to the residents.
[Ord. No. 1324 App. A §1003.165A, 8-14-2006]
Retail sales, business, personal and professional services and office and research service facilities shall provide off-street parking and loading facilities as follows:
Use
Minimum Parking Requirement
Minimum Loading Requirement
(Section 415.360)
Auto parts stores, except auto parts departments of department or similar stores
3 spaces for every 1,000 square feet gross
See Table B
Auto sales
3 spaces for every 1,000 square feet gross floor area of sales and show room area, 3 spaces for every service bay in repair garage areas and 1 space for every vehicle customarily used in the operation of this use or stored on the premises. This shall not include space provided for vehicles for sale or lease.
See Table A
Banking facilities
3½ spaces for every 1,000 square feet gross floor area (excluding areas under canopy)
None
Barber and beauty shops
3 spaces for every chair
None
Bookstores and card shops
4 spaces for every 1,000 square feet gross floor area
See Table B
Car wash, except self-service
Reservoir (line-up) parking equal to 5 times the capacity of the car wash
None
Car wash, self-service
Line-up area for each wash stall of sufficient size to accommodate 4 cars
None
Child care centers, day nurseries
1 space for every 6 children; a safe pedestrian walkway system as approved by the Department of Planning shall be provided through parking areas to the building entrance, with a safety zone a minimum of 15 feet in width between parking spaces in front of the building entrance, shall be provided in addition to standard driveway and parking requirements
None
Clubs and lodges
1 space for every 4 seats or 1 space for every 3 members
See Table B
Commercial service facilities and retail sales uses (except as herein noted)
4 spaces for every 1,000 square feet gross floor area
See Table B
Commercial vegetable and flower gardening, plant nurseries and greenhouses
2 spaces for every 3 employees on the maximum shift, 1 space for every vehicle customarily used in operation of the use or stored on the premises, plus 4 spaces for every 1,000 square feet gross floor area of sales room
None
Equipment sales, service, rental and repair
2½ spaces for every 1,000 square feet gross floor area
See Table A
Filling station (service station)
1 space for every employee on the maximum shift
None
Food markets, 5,000 square feet gross floor area and over and department stores
4 spaces for every 1,000 square feet gross floor area
See Table A
Food markets under 5,000 square feet gross floor area (convenience store)
3½ spaces for every 1,000 square feet gross floor area
See Table B
Furniture store, retail
2½ spaces for every 1,000 square feet gross floor area
See Table A
Home improvement centers
4 spaces for every 1,000 square feet gross floor area
See Table B
Hotels, motels
1 space for every sleeping unit, 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises
See Table B
Kennels
2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises
None
Laundry and dry cleaning pickup
3½ spaces for every 1,000 square feet gross floor area
See Table A
Mail order sales
1 space for every employee, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises
See Table A
Medical and dental offices and clinics
3 spaces for every 1,000 square feet gross floor area or 4 spaces for every doctor and 1 space for every additional employee, whichever is greater
Table B
Mortuaries
1 space for every 5 seats, 10 space minimum
None
Offices and office buildings (except as noted herein)
3 spaces for every 1,000 square feet gross floor area
See Table B
Plumbing, air-conditioning and heating equipment (sales, repairs and warehousing)
2½ spaces for every 1,000 square feet of sales office area, 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises
See Table A
Research facilities and laboratories (under the same ownership or management)
(a) Less than 100,000 square feet
3 spaces for every 1,000 square feet of gross floor area up to 50,000 square feet, plus 2½ spaces for every 1,000 square feet gross floor area over 50,000 square feet
See Table B
(b) 100,000 square feet or larger
300 spaces plus 2 spaces for every 3 employees over 400 employees
See Table B
Restaurants, bar, cocktail lounge
1 space for every 3 seats plus 2 spaces for every 3 employees on the maximum shift
None
Restaurants, fast-food
1 space for every 2 seats plus 2 spaces for every 3 employees on the maximum shift
None
Towed vehicle storage yards
2 spaces for every 3 employees on the maximum shift plus 1 space for every vehicle customarily used in operation of the use or stored on the premises
None
Vehicle service centers and repair facilities
1 space for every employee on the maximum shift, 3 spaces for every service bay and 1 space for every vehicle customarily used in operation of the use.
None
Veterinary clinics and hospitals
3 spaces for every doctor plus 1 space for every additional employee
None
[Ord. No. 1324 App. A §1003.165B, 8-14-2006]
Cultural, entertainment and recreational uses shall provide off-street parking and loading facilities as follows:
Use
Minimum Parking Requirement
Minimum Loading Requirement
(Section 415.360)
Athletic fields
20 spaces for every diamond or athletic field or 1 space for every 4 seats, whichever is greater. (1 seat is equal to 2 feet of bench length)
None
Auditoriums, theaters, meeting rooms and places for public assembly (except as noted herein)
1 space for every 4 seats or 1 space for every 50 square feet gross floor area when there is no fixed seating
See Table B
Boat dock, harbor, marinas
0.7 spaces for every berth or mooring, 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises
None
Bowling alleys
4 spaces for every alley
None
Camping
1 dust free 10 by 30 space for every campsite
None
Clubs and lodges
1 space for every 4 seats or 1 space for every 3 members
See Table B
Community centers and private not-for-profit recreation centers, including gymnasiums and indoor swimming pools
3 spaces for every 1,000 square feet gross floor area
None
Fairgrounds
Sufficient open land convertible to parking such that no vehicle need be parked on any street
None
Golf courses
Space equivalent to 1% of the total land area. Parking areas along roads or private drives may be used to fulfill this requirement.
None
Golf driving ranges
1/3 spaces for every tee
None
Gymnasium without bleachers or fixed seating (except as noted herein)
1 space for every 100 square feet gross floor area
None
Handball, racquetball courts
2 spaces for every court
None
Ice and roller rinks
1 space for every 100 square feet of skating area or playing surface
None
Indoor soccer
50 spaces for every playing field, plus 1 space for every 3 seats of spectator seating (1 seat equals 2 feet of bench length), plus 2 spaces for every 3 employees on the maximum shift, but in no case less than 100 spaces.
None
Parks, playgrounds, picnic grounds, excluding publicly owned properties by the State, County or City
Space equivalent to 1% of the total land area. Parking area available along park roads or private drives may be used to fulfill this requirement.
None
Racetracks
1 space for every 4 seats. (1 seat is equal to 2 feet of bench length)
None
Recreation centers
3 spaces for every 1,000 square feet gross floor area
None
Retreats, having dormitories
1 space for every 2 dormitory units, plus 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises
None
Retreats, without dormitories
Sufficient parking area such that no vehicle need be parked on any street.
None
Stadiums, sports arenas and gymnasiums with spectator facilities
1 space for every 4 seats. (1 seat is equal to 2 feet of bench length)
See Table A
Swimming pools
½ spaces for every 100 square feet of water area
None
Tennis courts
3 spaces for every court
None
[Ord. No. 1324 App. A §1003.165C, 8-14-2006]
Industrial uses shall provide off-street parking and loading facilities as follows:
Use
Minimum Parking Requirement
Minimum Loading Requirement
(Section 415.360)
Blacksmith, sheet metal and welding shops
Laundry or dry cleaning plants
2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises
See Table A
Mail order sales
Manufacturing and fabrication
Plumbing, air-conditioning and heating equipment (sales, repairs and warehousing)
2½ spaces for every 1,000 square feet gross floor area of sales and office area, 2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises
See Table A
Warehousing and wholesaling
2 spaces for every 3 employees on the maximum shift, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises
See Table A
[Ord. No. 1324 App. A §1003.165D, 8-14-2006]
Institutional uses shall provide off-street parking and loading facilities as follows:
Use
Minimum Parking Requirement
Minimum Loading Requirement
(Section 415.360)
Churches
1 space for every 4 seats (1 seat equals 2 feet of bench length), plus 1 space for every vehicle customarily used in operation of the use or stored on the premises
None
Fire stations
1 space for every employee on the maximum shift
None
Foster homes
1 space for every 5 beds, plus 1 space for every 2 employees on the maximum shift
None
Hospitals
1 space for every 2 beds, plus 1 space for every staff doctor and employee